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57th Congress, ) 
l8t Session. f 



SENATE. 



J Report 
I No. 1846. 



LEASING OF THE INDIAN LANDS ON STANTDING ROCK 

RESERVATION. 



June 9, 1902.— Ordered to be printed. 



Mr. Jones, of Arkansas, from the Committee on Indian Affairs, sub 

mitted the following 



f 



REPORT. 

[To accompany Senate Res. No. 226.] 

The Committee on Indian Affairs, in obedience to the following res- 
olution: 

Resolved, That the Committee on Indian Affairs be, and it is hereby, authorized 
and directed to investigate certain alleged charges in connection with the leasing of 
the Indian lands on Standing Rock Reservation, contained in a letter of W. V. Wade 
in Senate Document numbered two hundred and twelve, first session Fifty-seventh 
Congress, and for that purpose to send for persona and papers, take testimony, and 
have leave to sit during the sessions of Congress; and that the necessary expenses be 
paid from the contingent fund of the Senate on vouchers to be approved by the 
committee to audit and control the contingent expenses of the Senate- 
have thoroughly investigated the alleged charges in connection with 
the leasing of the lands on Standing Rock Reservation. 

It summoned W. V. Wade, upon whose letter the charges seem to 
have been founded, together with all persons of whom it could hear 
who were supposed to have any knowledge of the facts in the case, 
and upon a thorough investigation of all parties, the committee are 
satisfied that there is no foundation whatever for the charges made. 

The testimony taken in the case is herewith submitted. It will be 
seen from this that Mr. Wade admits that the language used by him 
in the letter referred to was based on rumors and that positive proof 




2 LEASING OF CERTAIN INDIAN LANDS. 

was adduced, showing that Commissioner Jones had no connection, 
direct or remote, with the leases in question, and that his conduct m 
connection with them was entirely unselfish. 

The committee are satisfied fully, after careful investigation, that 
there is no foundation whatever for the charges made, and they 
respectfully beg to be discharged from further consideration of the 
resolution. 



LEASING OF INDIAN LANDS ON STANDING 

ROCK RESERVATION. 



t* 



Washington, D. C, May M^ 1902. 

The subcommittee met pursuant to notice. 

Present, Senators Jones (chairman), Quarles, and McCmnber. 

The committee was appointed under the following rescdation of the 
13th of May, 1902:. ". ^ ^ . , 

''Resolved, That the Committee on Indian Affiurs be, and it is 
hereby, authorized and directed to investigate certain alleged ehaiges 
in connection with the leasing of the Indian lands on Standing Rock 
Reservation, contained in a letter of W. V. Wade in Senate Document 
Numbered Two hundred and twelve, first session Fifty-seventh Con- 
gress; and for that purpose to send for persons and npers,, take testi- 
mony, and have leave to sit during the sessions of Congress; and that 
the necessary expenses be paid from the contingent fond of the Senate 
on vouchers to be approved by the Committee to Aadit and Control 
the Contingent Expenses of the Senate.'^ 

SWORN STATEMENT OF ME. W. V. WASE, OF MOETOM OOUMTT, 

N. DAK. 

Senator QuARLES. Where do you live? 

Mr. Wade. I live in Morton County, N- Dak. 

Senator Quarles. How lon^ have you lived therel 

Mr. Wade. I have lived in Morton County abont twelTe yeaire. 

Senator Quarles. What is your business? 

Mr. Wade. I am in the cattle business, raising cattle and hordes. 

Senator Quarles. How far is your ranch or place of residence from 
Standing Rock Agency? 

Mr. Wade. I live about 65 miles, perhaps, from the agency, but 
within a half mile of the reservation. ^ 

Senator Quarles. Will you kindly point out on the map where the 
reservation is, where your place of business is, in reference to the line 
of the reservation? 

Mr. Wade. This map is not exactly according to the late OTrveya, 
the surveys made last year. If I were to tell you where I Bve^ from 
that map, I should tell you that I live on the reservation. I hve m 
about there [indicating], in that town.ship, in range 81, township 130, 
the southwest corner of the township. 

Senator Quarles. When the advertisement was gnren out for the 
proposed leasing of a portion of Standing Rock Reservation, were 
you an applicant for the lease ? 



4 LEASING OF CERTAIN INDIAN LANDS. 

Mr. Wade. Yes — well, I do not understand that exacth% either. 
1 was notified by the agent that 1 could put in a bid to run cattle on 
the reservation. That was the first time that I knew anything about 
it. When he wrote me the letter 

Senator Quarles. We do not care anything now about anj' conver- 
sation between you and the agent. We are siniph^ getting to the 
point of ascertaining whether you had any interest in the matter of 
the issuance of that Tease. 

Mr. Wade. Yes. 

Senator Quarles. Were there several other citizens living there- 
about who had a similar interest i 

Mr. Wade. There were; yes — two others living along the line of 
the reservation, and others living close by. 

Senator Quarles. Has your stock been in the habit of running on 
the reservation^ 

Mr. Wade. Yes; sometimes it has run on the reservation, but it 
has not been in the habit of running on it. 

Senator Quarles. Have they not customarily run on the reservation 
during the last five or six jears? 

Mr. Wade. At times they have; but that was not their range. 

Senator Quarles. Did you own a range where j'our cattle could 
run? 

Mr. Wade. No; I did not. 

Senator Quarles. ^^'here was the range which you say j^our cattle 
had? 

Mr. Wade. Whv, on the north side of Cedar Creek. Cedar Creek 
was the boundary line. 

Senator Quarles. On Govenmient land? 

Mr. Wade. Government land; ves. 

Senator Quarles. So that your cattle either ran on the Government 
land or on the reservation ? 

Mr. Wade. Yes; at times both. 

Senator Quarles. Were there any fences? 

Mr. Wade. No fences to keep them out; only we tried to keep 
them off the reservation. 

Senator Quarles. So that when the question arose of renting that 
reservation y^ou naturally felt an interest in it i 

Mr. Wade. Yes. 

Senator Quarles. And the other stockmen out there felt the same 
way? 

Mr. Wade. Yes. 

Senator Quarles. Do you remember when it was that the first of 
those leases was made? 

Mr. Wade. I have the letters from the agency, written to me and 
telling me exactly the dates. 

Senator Quarles. If you can refresh your mind from the letter, 
that would answer the purpose i 

Mr. Wade. 1 think it was in October, some time about the middle, 
. that George Bingenheimer wrote me a letter telling me that he had 
been authorized to issue a p)ermit, and telling me 

Senator Quarles. We are simplv after the date. 

Mr. Wade. Well, the 15th of October, I ^should say. If you will 
permit me to look at the dates 1 can tell you exactly. 



LEASING OF CERTAIN INDIAN LANDS. 5 

Senator McCumber. You were given that libertv. You mav look 
at them. 

Senator Quarles. Certainly; I told you so. 

Mr. Wade. The first letter that I received from the agencv was 

October 18, 1901. 

Senator Quarles. What I am trying to arrive at is the date that 
the lease was made. 

Mr. Wade. I do not know anything about any lea^e being made. 
I do not know anything about that. 

Mr. Truesdell. The Senator is talking about permits. 

Senator Quarles. 1 am talking about the lease. The lease was 
made, Mr. Commissioner, was it i 

Commissioner Jones. Yes. 

Senator Quarles. Mr. Wade, I suppose that {M>rtion of the reserva 
tion adjacent to your habitation was leased by authority of the Interior 
Department. Do you know anything about that? 

Mr. Wade. I do not know anything about it. 

Senator Quarles. You did not know until the present time that 
any such lease had been made? 

Mr. Wade. I knew that it was advertised to be let, and understood 
that somebody had got it. That is all I understood about it — under- 
stood that somebody had got it. 1 do not know who it was. 

Senator Quarles. When did you first learn that somebody had got 
it ^ 

Mr. Wade. Why, I think along about the 15th of Januarv- 

Senator Quarles. You didn't know then that it was leasecL but had 
a vague idea that somebody had got it; is that it? 

Mr. Wade. No; I heard that it was leased. Some one told me. I 
do not remember now who it was. Somebody told me it was leased, 
and I think I saw it in the paper. I am not sure. 

Senator Quarles. Then, if 1 understand you aright, you made no 
application or bid to obtain a lease? 

Mr. Wade. Yes; I did. I made three diffei-ent applications — two 
different applications to the agent. 

Senator Quarles. Prior to the 15th of January! 

Mr. Wade. Yes. 

Senator Quarles. On or about the 15th of January you heard that 
somebody had received the lease ? 

Mr. Wade. Yes. 

Senator Quarles. You did not know whom? 

Mr. Wade. Why, I understood that it was the Milwaukee Railroad 
Company. 

Senator Quarles. The Milwaukee Railroad Company? 

Mr. Wade. The Milwaukee Railroad Company is the one that we 
understood had leased it. 

Senator Quarles. Did you know anything about the terms of the 
lease ? 

Mr. Wade. No; I did not, only as advertised from the Indian OflSce. 
I have a proposal from the agent, of the 6th day of January, proposing 
to lease tne reservation on the lOth day of January. 

Senator Quarles. My question to you is whether on the 15th day 
of January you knew anything about it. 

Mr. Wade. All 1 knew about it is I knew that there were proposals 



LEASING OF CERTAIN INDIAN LANDS. 



out for the leading of the rcijenation, and heard that it had been leased 
here in Washington. 

Senator Quarles. And that is all you know ? 

Mr. Wade. Yes. I did not know anything about the leasing of that 
reservation (but the proposals were out to lease it) until the 6tn day of 
January. 

Senator QuARLBB* I am not interested in that; what I am interested 
in is the information you had on the 15th of January regarding this 
lease which you understood in a eeneral way had been issued to the 
Milwaukee Railroad Company. 

Mr. Wade. All I know about it is what I heard. 

Senator Quarles. And you know nothing about the figures in that 
lease or about the rental price? 

Mr. Wade. Yes; 1 heard that the lease figures were 1 cent and 3 
mills an acre. 

Senator Quarles. Then you have heard more about it? 

Mr. Wade. Yes: I have heard considerably more. 

Senator Quarles. Then you heard that a lease was made upon a 
definite basis of 1 cent and 3 mills, or something, an acre? 

Mr. Wade. Yes: we heard conflicting reports ; every once in a while 
heard that it was leased and then that it was not leased. We did not 
know what to believe. 

Senator Quarles. 1 have hei"e what purports to be a copy of a let- 
ter which 1 will show to vou, a letter bearing date the 16th day of 
January, 19^)2, dated at Wade, X. Dak., and purporting to be signed 
by you. I have not the original letter. 

The Chairman. Here is a copy. The same thing is in the record 
here. 

Senator Quarles. Kindly look at the print which is on pa^e 97 of 
Senate Document No. 212, Fifty-seventh Congress, first session, and 
state whether vou wrote that letter. # 

Mr. Wade. Yes: I wrote that letter. 

Senator Quarles. Had you ever met the Senator to whom this letter 
purports to be addressed? 

Mr. Wade. No; I never had; but I would like to say that I do not 
think that 1 used the word "connected," but perhaps the other word. 

Senator Quarles. We will get to that in a little while in the orderly 
course of the investigation. Let me call your attention to the first 
sentence of that letter, which reads as follows: 

'' Seeing by the papers that 3'ou are taking some interest in the wrongs 
being done the Sioux Indians by the renting of thaiv reservation to a 
company in which the Conmiissioner of Indian Affairs is connected, I 
take the privilege of writing you upon the subject," etc. 

Do you remember writing that^ 

Mr. Wade. Yes; I remember writing it; but, as I said before, I did 
not use the word *' connected; " I thought I used the word ' ^ interested. " 
That would be my memory of the thing. But perhaps one word is just 
as bad as the other. 

Senator Quarles. It would make no apparent difference in the 
meaning 

Mr. Wade. No; I would not think so. 

Senator Quarles. Whether you said '^connected" or ''interested," 
because connected as used here would mean interested. I wish you 
would state to this committee i\x\\y and fairly and without any reser- 



« 



leasing of certain INDIAN LANDS. I 

vation whatever information you may have upon which you base this 
statement in this letter. Let me ask you, before jou answer that, 
whether at the time you wrote this letter you were acquainted with 
Mr. Commissioner Jones? 
Mr. Wade. No. 

Senator Quarles. Had vou ever seen him ? 
Mr. Wade. Yes. I had never met him, but I had seen him. 
Senator Quarles. You never met him to be acquainted with him 
personally ? 

Mr. Wade. No; I never met him personally. 
Senator Quarles. Now answer my question. 
The stenographer read the question, as follows: 
''I wish you would state to this committee fully and fairly and with- 
out any reservation, whatever information you may have upon which 
you base this statement in this letter." 

Mr. Wade. Well, I had heard that Commissioner Jones was inter- 
ested in the Milwaukee Railroad Company. The man who told me 
that — do you want the whole thing ? 
Senator Quarles. Yes. 

Mr. Wade. The first man who told me that Mr. Jones— I did not 
know the man; he came to my house and stayed a while, got dinner, 
fed his horse, and went on — he said that Mr. Jones was connected with 
the Milwaukee Railroad Company, and he thought that he was a di- 
rector at one time. After that 1 heard it remarked several times— a 
good many times— that Mr. Jones was connected with the Milwaukee 
Railroad Company. 

' Senator Quarles. When you speak of Mr. Jones, you mean the 
Commissioner? 

Mr. Wade. I mean Commissioner Jones. 
Senator Quarles. What Milwaukee Railroad Company? 
Mr. Wade. I did not know that there was more than one Milwau- 
kee Railroad Company— the Chicago, Milwaukee and St. Paul Rail- 
road Company they call it when you get down to the name. 

Senator Quarles. That is definite. You understood it was the 
Chicago, Milwaukee and St. Paul Railroad Company ? 
Mr. Wade. We call it the Milwaukee system up there. 
Senator Quarles. That is rieht. What was the name of the man 
who stopped and got dinner with you and gave you the first intima- 
tion of this kind? 

Mr. Wade. I did know his name, but I can not remember it. He 
stopped there. He said he was looking over the reservation. He told 
me that it was going to be leased and he got to talking about it. 

Senator Quarles. Did he assume in talking to you to have any 
knowledge of his own or was it mere gossip? 
Mr. Wade. He did not tell me; I did not ask him, and he did not 

tell me. j 1 i. 

Senator Quarles. Do you know whether that man belonged about 

there or not? 

Mr. Wade. No; he does not. 

Senator Quarles. Where does he belong? 

Mr. Wade. I do not know. 

Senator Quarles. You do not know ? 

Mr. Wade. No; I do not know. 

Senator McCumber. May I ask a question here? 



8 



LEASING OF CERTAIN INDIAN LANDS. 



Senatoi- Quarles. Certainly. 

Senator McCumber. Was the man assuming to act for the Chicago, 
Milwaukee and St. Paul Railroad Company when he was looking over 
this land? • 

Mr. Wade. He said he was looking it over. 

Senator McCumber. He did not say for whom he was looking it 
over? 

Mr. Wade. No. 

Senator Quarles. You do not know who it was who came there? 

Mr. Wade. No. 

Senator Quarles. You do not know where he is? 

Mr. Wade. No. 

Senator Quarles. And you never had seen him before? 

Mr. Wade. I would not say that. I might have seen him, but 
would not know him. 1 do not know that I had seen him before. 

The Chairman. You have no way of refreshing your memory so as 
to enable you to say who he is — no memorandum ? 

Mr. Wade. No; he came to the ranch where we were and got din- 
ner, fed his horse, and went on. 

The Chairman. Did he tell j ou what his business was? 

Mr. Wade. He said he was looking the reservation over. 

The Chairman. Did he tell you what his business was? 

Mr. Wade. No; he did not. 

Senator Quarles. He did not tell you whether he lived North or 
South? 

Mr. Wade. No. 

Senator McCumber. For what purpose was he looking over the 
reservation ? 

Mr. Wade. I did not ask him. He talked as though he was leasing 
it. He talked that wav. That is the wav the conversation drifted. 

Senator Quarles. When was that? 

Mr. Wade. That was in June some time. 

Senator Quarles. June before this January. 

Mr. Wade. June, 1901. 

Senator Quarles. How did it happen that 3 ou had any conversa- 
tion with him regarding the Indian Commissioner? 

Mr. Wade. He said, '''This reservation is going to be leased." I 
said, ^' I don't think the Indians will lease that reservation." 1 said, " I 
don't think it will be leased, because 1 don't think the Indians will 
sanction it." Finally he told me in a very positive way that be 
wanted to give me a pointer or two to this effect: '' It does not make 
anj^ odds whether the Indians want it or not, it will be rented." He 
said, "'the Milwaukee Railroad Company want this lease, and if you 
don't know it I'll tell you just now that Mr. Jones is interested in 
the Milwaukee Railroad Company, and it will not make any odds 
whether the Indians want it or not, it will be leased." 

Senator Quarles. Is that what he said, "Mr. Jones?" 

Mr. Wade. As nearlv as I can remember. 

Senator Quarles. Trj^ to remember. Is that what he said ? 

Mr. Wade. I have told it all. 

Senator Quarles. That is as nearlj' as you can remember it? 

Mr. Wade. Yes. 

Senator Quarles. Go on and state what further he said. 



LEASING OF certain INDIAN LANDS. 



9 



Mr. Wade. I do not know that he said very much more that you 
would want to hear in regard to this matter. 

Senator Quarles. That is all he said in regard to that matter ? 

Mr. Wade. Yes. 

Senator Quarles. Then I infer that there was nothing said to con- 
nect the person whom he calls Jones with the Indian service. Is that 
right? 

Mr. Wade. Did I not sav Commissioner Jones? 

Senator Quarles. No. 

Mr. Wade. We leave off the commissioner sometimes, perhaps a 
good deal — like Grant. There is only one Jones up that way. 

Senator Quarles. Jones is not in evidence out there; you do not 
know anybody around there by the name of Jones ? 

Mr. Wade. Not latelv; onlv one Jones. 

Senator Quarles. Now, I distinctly asked you whether he said Mr. 
Jones and you said he did. 

Mr. Wade. He said Commissioner Jones, if you will allow me to 
repeat it. 

Senator Quarles. That is clearly different from Mr. Jones. 

Mr. Wade. Yes; Commissioner Jones. 

Senator Quarles. You feel quite sure about that, do you ? 

Mr. Wade. Yes; pK)sitive. I could not tell you every word we 
used there in that talk. We talked quite a bit about it. He ffot a 
little hot, and I got warm about it myself, and we said things that I 
have forgotten. He said that^ and I can tell you other men who told 
me this — that is 

Senator Quarles. Wait a minute. Let us get through with this 
matter. 

Mr. Wade. Well, go on. 

Senator Quarles. Have you any way of ascertaining who this man 
is, where he lives, or what his business is; have j^ou any knowledge 
of any way in which this committee can identify him ? 

Mr. Wade. I think I could find out. If I had time, I could go and 
get you the man. He left a trail there that could be followed. 

Senator Quarles. What kind of trail did he leave? 

Mr. Wade. Other i>eople sawjiim besides myself. I can bring you 
witnesses who heard this conversation, if I can find them. The man 
who worked for me last sunmier was there; but I do not know that I 
could get him now. 

Senator Quarles. Do you suppose he would have any more infor- 
mation than you have as to where that stranger went? 

Mr. Wade. He might remember — well, no. 

Senator Quarles. What I am trying to ascertain is whether there 
is any way for the committee to find out who that strangei* is or where 

he is. 

Mr. Wade. If anj^body wanted to put a detective on his trail, we 
could run him down. 

Senator Quarles. It would be a pretty long trail from June, 1901, 
would it not? 

Mr. Wade. That is what I would do if I wanted him pretty badly. 
I would get on his trail and follow him. 

Senator Quarles. You think you could follow him from June, 1901 ? 

Mr. Wade. I think so. 



10 



LEASING OF CERTAIN INDIAN LANDS. 



LEASING OF CERTAIN INDIAN LANDS. 



11 



Senator Quarles. I think that would be quite an undertaking. 
Well, we have exhausted that subject now, have we not, so far as your 
personal knowledge and information are concerned* 

Mr. Wade. Yes; so far as 1 am concerned, vou have exhausted it. 

Senator Quarles. Who was the next man, if any, that vou h«jr(l 
speak of Mr. Commissioner Jones having any relation with the MU- 
waukee Railroad Company or the Chicago, Milwaukee and bt. faul 

Railroad Company ? , . u 4. -4. t 

Mr. Wade. I do not know that they knew anything about it. 1 
have heard several mention that— say that Commissioner Jones was 
interested in the Milwaukee Railroad Company. I do not know that 
they knew any more than I do. 

Senator Quarles. I asked you who is the next person. 

Mr. Wade. I could not tell you the next; probably in the next ten. 

Senator Quarles. Tell me the next one you do remember after this 
stranger who has now disappeared ? . • v. 4. ij 

Mr. Wade. There are several who told me so— that is, they told 
me that they had heard so. 1 do not know that they knew. 

Senator Quarles. That is the point I am trying to reach. VV Ul 
you tell whether any other human being, after this stranger had gone, 
who ever said to you that Commissioner Jones was interested in this 

railroad company ? 

Mr. Wade. They told me that they had heard so. 

Senator Quarles. That is a very different thing. What 1 am try- 
ing to get at is whether anybody else ever told you that he was 

interested « 

Mr. Wade. I do not know. I do not remember anyone telling me 
that they did know that he was, but they told me that they heard so. 

Senator Quarles. That is the point I want. 

Mr. Wade. Well, now, that is the exact story. 

Senator Quarles. Can you now name any person who told you that 
he heard that Mr. Jones was connected with that road? 

IVIr W^ADE. Yes. • 

Senator Quarles. Kindly state the first one in order of time whom 

you remember? 

Mr. Wade. I do not know. That would be hard work to remember 

the first one or the second one, so far as I know. 

Senator Quarles. I am asking you for the first one? 

Mr. Wade. Whom I can remember? 

Senator Quarles. Yes. , -it 

Mr. Wade. 1 do not know. I asked one man in particular; i 
thought he would know as much about it as anybody, and I asked 

him 

Senator Quarles. Who was that? 

Mr. Wade. He also told another man the same thine that he tokl 
me. Now, then, if I should tell that here and you shouW send for hmi 
and he should contradict me, I would like to have the privilege of 
having another man come here to whom he told the same thing. 

Senator Quarles. We will not cross that bridge until we get to it. 

Mr. Wade. I am looking ahead. ^ , 

Senator Quarles. Answer this question for the time being. 

Mr. Wade. I asked George Bingenheimer. He said 

The Chairman. Is he the Indian agent? 



^» 



Mr. Wade. The Indian agent. I asked him if Commissioner Jones 
was interested with the Chicago, Milwaukee and St. Paul Railroad 
Company, and he hesitated a minute and said, '^ Yes; I understand so." 
That is me question 1 put to him, the exact question, '^If (commis- 
sioner Jones was interested in the Chicago, Mtilwaukee and St. Paul 
Railroad." 

Senator Quarles. About what time was that? 

Mr. Wade. That was along in the winter some time, about the time 
this 

Senator Quarles. Was it before or after you wrote this letter? 

Mr. Wade. It was before, or about that time. 

Senator Quarles. Now, think it over. 

Mr. Wade. About that time, I should think. 

Senator Quarles. About that time. It mi^ht have been after 
instead of about the time ? 

Mr. Wade. No; I do not think it was after at all. I am sure it was • 
not, because I did not see Mr. Bingenheimer for a long time after that. 

SHenator Quarles. Did you see Mr. Bingenheimer on the 15th of 
January i 

Mr. Wade. I saw him some time about that time. I can not 
remember when I saw him, but about that time. 

Senator Quarles. Well, when you saw him on that day ? 

Mr. Wade. I can not remember. 

Senator Quarles. Where was it that you had the talk with Bingen- 
heimer? 

Mr. Wade. In Mandan. 

Senator Quarles. How far is that from the agency ? 

Mr. Wade. About 55 miles. 

Senator Quarles. How often were you in Mandan? 

Mr. Wade. When, now? 

Senator Quarles. No; at that time. How often were you in the 
habit of visiting Mandan then ? 

Mr. Wade. I stayed in Mandan nearly all winter; went out to the 
ranch several times; I can not remember how many. But I lived in 
Mandan last winter. 

Senator Quarles. How often was Bingenheimer in Mandan last 

winter ? 
Mr. Wade. Not very often. 

Senator Quarles. So that the interview was at Mandan ? 
Mr. Wade. The interview was at Mandan. 
Senator Quarles. What part of Mandan; in some building or on 

the street? 

Mr. Wade. Well, I think that it was in Mr. Clark's drug store, if 

I am not badly mistaken. 

Senator Quarles. Was it in the daytime or in the evening? 

Mr. Wade. I can not say exactly when it was. I do not remember 
whether it was in the evening or when it was. I had several con- 
versations with him. 1 used to talk with him down to my home 

frequently. 

Senator Quarles. I am speaking of one talk. Let us keep to this. 

Mr. Wade. Very well. 

Senator Quarles. You can not tell whether it was in the daytime 

or in the evening? 



12 



LEASING OF CERTAIN INDIAN LANDS. 



LEASING OF CERTAIN INDIAN LANDS, 



13 



Mr. Wade. No; 1 do not remember. 

Senator QuARLES. Who was present? 

Mr. Wade. George Bingenheimer and myself. 

Senator Quarles. No one else^ 

Mr. Wade. No one else. 

Senator Quarles. Now, tell all that was said on that subject, if you 
will. 

Mr. Wade. We were talking about leasing the reservation, and I 
thought I would ask him that question because I had heard it. 

Senator Quarles. Never mind your reasons; kindly tell us — tell 
the committee— who first spoke about the matter of Jones? 

Mr. Wade. I guess I did. 

Senator Quarles. What did you say? 

Mr. Wade. We wfere talking about the leasing of the reservation. 

Senator Quarles. I mean what did you say first in regard to Jones's 
connection with it? 

Mr. Wade. Tasked Mr. Bingenheimer — I said, "is Commissioner 
Jones interested "—the word I used was " interested "— '4n the Chicago, 
Milwaukee and St. Paul Railroad." I do not know but I said ''Mil- 
waukee Railroad;" and he hesitated a minute and said, ''Yes: I under- 
stand so." 

Senator Quarles. What further was said? 

Mr. Wade. I do not know that there was anything further said 
about that. I do not remember. I remember asking the question, 
because I wanted to find out by him if I could. 

^ Senator Quarles. Now, you can not tell what part of the winter 
that was, whether it was the first part of the winter or not? 

Mr. Wade. It was after we commenced talking about leasing it, 
and after the}^ sent out proposals for permits and one thing and 
another. 

Senator Quarles. Was that the only conversation that you had 
with Bingenheimer on that subject? 

Mr. Wade. No. 

Senator Quarles. When did you have the next conversation with 
him on that same subject? I mean in regard to Commissioner Jones. 

Mr. Wade. I do not know. That was all about Commissioner Jones. 

Senator Quarles. That was all you said to Bingenheimer about 
Commissioner Jones at an}^ time? " , * 

Mr. Wade. Oh, no; we have talked about it. 

Senator Quarles. Any time prior to the writing of this letter which 
is dated the 16th day of January? 

Mr. Wade. On that subject? 

Senator Quarles. Yes. 

Mr. Wade. No; that was all I said to him on the subject of Com- 
missioner Jones's connection with the Milwaukee Railroad. 

Senator Quarles. Did you have in mind when talking to Bingen- 
heimer the conversation that you have related to the committee here 
of that stranger who disappeared ? 

Mr. Wade. Yes; I had. 

Senator Quarles. That is what you had in mind ? 

Mr. Wade. Yes. 

Senator Quarles. So that, when talking to Bingenheimer, you had 
in mind the expression of the stranger who had disappeared? 

Mr. Wade. I do not know that it was. That stranger lingered in 



^ 



fi 



my memory, and I wanted to clear that up a little bit, and 1 asked 
Bingenheimer for general information. 

Senator Quarles. Did you tell Bingenheimer about this stranger? 
Mr. Wade. No; I do not think I said anything to him a>x>ut him. 
I do not kno\^ but I did. I would not say that I did and would not 
say that I did not. 

Senator Quarles. You do not remember about that? 
Mr. Wade. No. 

Senator Quarles. You did not ask Bingenheimer whether he saw 
that fellow that was there, so far as you can remember? 

Mr. Wade. I do not think I ever said anything to Bingenheimer 
about it. 

Senator Quarles. Now, we have gotten through with Bingenheimer. 
Who, if anyone, was the next one who stated to you that he had heard 
that Mr. Jones was connected with the Milwaukee Railroad i 

Mr. Wade. I do not know whether I ever asked anvbody else; but 
I have heaixi them say so frequently. I have hear^ several people 
say they heard so. 

"Senator Quarles. I ask you if you can name the next person whom 
you can remember? 

Mr. Wade. No; 1 can not. I remember asking the question of 
people who told me that there was nothing in it; that it was not so. 

Senator Quarles. How many other persons do you suppose you 
have addressed on that subject? 

Mr. Wade. I have addressed a good many lately. 
Senator Quarles. What do you mean by lately ? 
Mr. Wade. I mean lately; within the last two or three weeks, if 
you can call two or three weeks lately. 

Senator Quarles. Now, confining yourself, if you will, to the date 
of this letter, which is January 16, 1902, can you now think of any 
other person who prior to the date of that letter infomied you that 
he had heard that Mr. Jones was connected with the Chicago, Mil- 
waukee and St. Paul Railroad Company? 

Mr. Wade. I can not. I can not recall to memory nojr any par- 
ticular person. 

Senator Quarles. Would you swear that anyone told j^ou 

Mr. Wade (interrupting). Yes. 

Senator Quarles (continuing). Prior to the date of this letter 

Mr. Wade (interrupting). Yes. 

Senator Quarles (continuing.) Except the stranger and Bingen- 
heimer ? 

Mr. Wade. I would not swear that they told me that was the fact. 
Mr. Bingenheimer did not tell me that was a fact; he said others told 
him. Others told me that they heard so. 

Senator Quarles. You would oblige the committee very much if 
you could give the name of any person who, before the date of this 
letter, said to you that he heard that Mr. Jones was connected with 
the railroad company. If you can not do it, kindly say so; if you can, 

kindly proceed. 

Mr. Wade. I think I could, if I could remember— if T had a chance 
to think it over. I do not know that I could tell you anybody now, 
or give the name of anybody who told me the name of any particular 
one. 



14 



LEASING OF CERTAIN INDIAN LANDS. 



LEASING OF CERTAIN INDIAN LANDS. 



15 



The Chairman. Did anybody tell you that as a fact, or did they tell 

\^ou that they heard it? 

Mr. Wade. This first man told me as a fact. He seemed to speak 
from knowledge; but 1 have never heard anyone speak from knowl- 

ed&^'e since 

Senator QuARLES. Mr. Chairman, Mr. Wade has already spoken of 

that. He said no one told him that as a fact. 

Mr. Wade. No; Mr. Bingenheimer told me of it, but said yes, 1 
heard so," or '' understood so;" one or the other. 

Senator Quarles. But you think that you have spoken to a good 
many persons on that subject at diiferent times? 

Mr. Wade. Yes; I have asked a good many. I could tell you a 
good many of them whom I have asked, since I have thought it over. 

Senator Quarles. Will you inform the committee why you were 
interesting yourself to such an extent to learn whether Mr. Jones was 
connected with the railroad company if 

Mr. Wade. Yes; I could tell you very easily. 

Senator Quarles. That is what we would like to know. 

Mr. Wade. Did you ask me why I had interested myself? 

Senator Quarles. Yes. , r xu- i -i. 

Mr. Wade. I saw an article in the Minneapolis Journal, 1 tmnk it 
was, that Mr. Jones had been up in our country looking for me, but 
could not find me, or something of that kind. I was out to the ranch. 
It then went on to say — I do not remember the article exactly, but I 
saw that he was very anxious to know how and where, or know why 
I made that statement. I thought probably that I would have to 
answer it and I took a good deal of trouble to try to find out where 
these rumors came from, and 1 asked a good many— asked everybody 
who I thought would know something about it. 

But I could not find anybody who knew anything about it. 1 wanted 
to find Mr. Bingenheimer again, but 1 could not. I thought it would 
be no use; that it would be the same as before. I asked Mr. Parkin, 
and he said no. I thought he would know; but 1 think he said no; it 
was not avy such thing. I asked him if he ever heard it, and he said 
he had heard it, but there was no foundation for it. 

Senator Quarles. When did you first think that it was important 
for vou to verifv this statement in your letter of January 16? 

Mr. Wade. When did I first think so? 

Senator Quarles. Yes. 

Mr. Wade. About the time that article came out. 1 do not remem- 
ber when it was. I can not remember the date. I saw the article in 
the paper; somebody handed it to me. 

Senator Quarles. Are you referring now to the Minneapolis 

Daoer ? 

Mr. Wade. The Minneapolis Journal, I think it was. 

Senator Quarles. Was any reference made to this letter in that 

article ? 

IVTt Wade Y^es. 

Senator Quarles. Well, then, we come to this proposition, and I 
want to be sure, now, that the committee can rest upon it: This state- 
ment in your letter of January 16, to the effect that the Commissioner 
of Indian Affairs is connected with a company to whom this lease has 
been made, rested purely upon hearsay, so far as you know ? 



A^ 



i% 



Mr. Wade. Purely on hearsay. I know nothing about it personally; 

only what I heard. 

Senator Quarles. And you do not know any fact that has any 

bearing on that question? 

Mr. Wade. No; 1 do not. 

Senator Quarles. Then, if I understand you aright, you stand here 
as admitting that on the 16th day of January you charged that the 
Commissioner of Indian Affairs had connection with the company that 
had taken that lease without any evidence upon which to rest that at all ? 

Mr. Wade. Yes; without any positive evidence. What I supposed 
was correct was proved not 

Senator McCumber. You did not finish your statement. V\ hat 

were you going to say ? 

Mr. Wade. I was going to say, but did not, ''proved not to 

nnatrPriabze 

The Chairman. Permit me to ask a question right there. 

Senator Quarles. Certainly. ,,t^ ^ t 

The Chairman. In the latter part of that letter vou say: "But I 
think a thorough investigation will show up some dark objects only 
slightly under cover." That was an opinion ? 

Mr. Wade. That did not refer to Commissioner Jones. 1 did not 
refer to him at all; did not mean that to refer to him at all. It only 
meant — if you will allow me to explain 

Senator Quarles. If it has no reference to Commissioner Jones that 

is all we care to know. , j t j-j 

Mr. Wade. It had no relation to Commissioner Jones, and I did 

not mean it to have. 

Senator Quarles. So that there is nothing in that letter near the 
end, the sentence regarding dark objects, that refers to Commissioner 
Jones? When you wrote it, you did not intend it to apply to him 

at all ? , ,» . . T 

Mr. Wade. I did not intend that to apply to Commissioner Jones 

The Chairman. That is conjecture. But in the first part of this 
letter j^ou state a fact, it seems to me. You say that Commissioner 
Jones IS connected with that company. 

Mr. Wade. That is something, too, that I would like to explain a 

little bit. 
The Chairman. Certainly. , i ^^ 

Mr. Wade. I do not know but that anybody would take that letter 
and derive that meaning from it. But at the time I wrote that letter 
this thing was all mixed up. It was not leased at that time, as I under- 
stood it, but I understood it was going to be leased, or was about to 
be leased, or perhaps would be leased, to the Milwaukee Railroad Com- 
panv, and if 1 could believe what I heard and believe what was taking 



ri^llt to let It tU tllC; XTAllVVtt^AlV^vy ^v«;i»^v,«»v* ^w*^^«,.-j. 

to bring Commissioner Jones into it as anything crooked. 

I know, now, after making inquiries. Talking with Mr. Jones m the 
forenoon, he told me that he was never connected with the Milwaukee 
Railroad Company, and I believed him. I believe he was not connected 
with the lease. But I believed if that was leased to the Mdwaukee 



16 



LEASING OF CERTAIN INDIAN LANDS. 



LEASING OF CERTAIN INDIAN LANDS. 



17 



^ 



Railroad Company by any of Mr. Jones's agents— if they did it think- 
ing they were doing him a favor, it was not right. 

Senator Quarles. You know now that that was not a lease to the 
Milwaukee Railroad Compan}'^? 

Mr. Wade. No; I do not. I understand that Mr. Lemmon repre- 
sented the Milwaukee Railroad Company up there. 

Senator Quarles. Mr. Lemmon is one person and the Milwaukee 
Railroad Company others. I do not know that I have any right to 
interrogate you about that. 

The Chairman. There is no objection to letting all the facts come 
out if there be any question about it. I do not suppose there is any. 

Senator Quarles. Is that all you can tell us in regard to this whole 
matter? As I understand you, now, it was not your deliberate pur- 
pose to make a charge against the commissioner, but that the language 
went further than you intended in your own mind to go at the time. 
Is that right? 

Mr. Wade. That is right so far as Commissioner Jones is concerned. 
That part of the letter had no reference to him. I did not mean that 
to have any reference to Commissioner Jones. 

Senator Quarles. Have you any questions, gentlemen? It seems 
to me that is all there is of it. It shows conclusively that the state- 
ment rests on mere hearsay. 

The Chairman. It seems to me so. 

Senator McCumber. That letter was based absolutely on mere 
rumors. Is that true? 

Mr. Wade. That is all I know— that it was rumor. The first man 
I took it for granted that it was official, perhaps. 

Senator McCumber. And even the rumor was simply that Mr. Jones 
had some interest in the Chicago, Milwaukee and St. Paul Railway 
Company ? 

Mr. Wade. That was the rumor, of course. And when I asked 
some of those who told me — the persons whose names I could give 
who told me that Commissioner Jones was interested in the Milwaukee 
road— I told them that I was up the stunfip, and asked if they could 
prove that; how they knew. They said all they knew was what some- 
body had told them — that they had heard it. 

The Chairman. Is it thought necessary to examine anybody else? 

Senator Quarles. There is no need of any further statement from 
Mr. Wade. 

The Chairman. We may take the statement of Mr. Commissioner 
Jones. 

Senator Quarles. Of course. But there are several others here 
who have been summoned. 

SWORN STATEMENT OF MR. GEORGE E. LEMMON, OF SPEAR- 
FISH, S. DAK. 

Senator Quarles. Where do you live? 
Mr. Lemmon. Spearfish, S. Dak. 

Senator Quarles. Are you the person to whom one of the leases 
on the Standing Rock Reservation was made? 
Mr. Lemmon. Yes; I am. 
Senator Quarles. This last season ? 
Mr. Lemmon. Yes; in January. 
Senator Quarles. Are you acquainted with Commissioner Jones? 



'I 



Mr. Lemmon. Yes; I became acquainted with him at the time the 
lease was made. 

Senator Quarles. When did you first meet him? 

Mr. Lemmon. 1 met him a couple of days before the bids were 
opened. 1 do not remember the exact date the bids were opened; on 
the 11th day of January, and I met him, probably, on the 9th day of 
January. 

The Chairman. The first time? 

Mr. Lemmon. The first time; yes. 

Senator QuarleS. Did you take that lease as an individual? 

Mr. Lemmon. Yes. 

Senator Quarles. Has the Chicago, Milwaukee and St. Paul Rail- 
road Company any interest in that lease? 

Mr. Lemmon. None.whatever. 

Senator Quarles. I wish you to state whether Commissioner Jones 
in anj^ waj% directly or indirectly, either in his own name or in the 
name of anybody else, has in any way any interest of any conceivable 
nature in that lease which you took for a part of the Standing Rock 
Reservation. 

Mr. Lemmon. Mr. Jones has not; neither has the Chicago, Mil- 
waukee and St. Paul Railroad Company any interest whatever in it. 
The lease is in my name, and there is no one particularly interested in 
that lease except myself. 

Senator Quarles. You say that they are not interested? 

Mr. Lemmon. Yes. 

Senator Quarles. Has Mr. Jones ever been interested in it in any 

way? 

Mr. Lemmon. No; never. 

Senator Quarles. Is there any contingency by which he is to be 
directly or indirectly benefited by it? 

Mr. Lemmon. No. 

Senator Quarles. Is he to receive any " rake off" from it? 

Mr. Lemmon. No; nothing of the kind has been mentioned. 

The Chairman. Or interest? 

Mr. Lemmon. No. Neither is the Chicago, Milwaukee and St. Paul 
road interested in any shape or form in our lease or in our company. 
I am one of a company. The lease is in the name of G. E. Lemmon. 
We expect to run a company on the lease. 

Senator Quarles. By company you do not mean the Chicago, Mil- 
waukee and St. Paul Railroaa? 

Mr. Lemmon. No. 

Senator Quarles. You mean a cattle company ? 

Mr. Lemmon. Yes. If they were interested, I would be bound to 
know it, as I am the secretary of the company. If there was any stock 
in their hands, I would be bound to know it. 

Senator Quarles. And you did not reserve any interest for Com- 
missioner Jones? 

Mr. Lemmon. No. 

Senator Quarles. ''Straight goods" all the way through? 

Mr. Lemmon. Yes. 

Senator McCumber. The Chicago, Milwaukee and St. Paul Railroad 
Company is not interested in the Tease? 

Mr. Lemmon. No. 

Senator McCumber. Interested in the stock raising in any way? 

S. Rep. 1846 2 



18 



LEASING OF CERTAIN INDIAN LANDS. 



LEASING OF CERTAIN INDIAN LANDS. 



19 



Mr. Lemmon. No; there are only four of us in our company — R. C. 
Lake, T. B. Tomb, Bud Rose, and G. E. Lemmon. There is no one 
interested in that particular lease except the stockholders of the com- 
pany. The lease is in my name — the name of G. E. Lemmon. 

SWOBN STATEMENT OF W. I. WALKER, OF OMAHA, NEBB. 

Senator Quarles. Where do you live? 

Mr; Walker. 1 live at Omaha, Nebr., now. 

Senator Quarles. Have you any knowledge about the lease of the 
.Standing Rock Reservation this last winter? 

Mr. Walker. I have such knowledge as a bidder would have. I 
was a bidder on that lease. 

The Chairman. For a different lease from the Lemmon lease? 

Mr. Walker. No; it was all one tract. It was advertised together. 
I bid on it all. 

Senator Quarles. So that you were out there at the time of the 
letting? 

Mr. Walker. I was in Washington at the time of the lease. It was 
let here. 

Senator Quarles. You have had more or less knowledge about the 
matter of that lease, both before and after the leasing took place ? 

Mr. Walker. Yes. 

Senator Quarles. How long have you known Mr. Commissioner 
Jones? 

Mr. Walker. Well, sir, I think ever since he has been in oflSce. 

Senator Quarles. I wish you now to state to the committee for 
their information what you Know, if anything, about any connection, 
direct or indirect, of Mr. Commissioner Jones with any of those leases, 
or with any other matter — I mean financially connected? 

Mr. Walker. A part of that lease was awarded to me when the 
awards were made. The leases were executed, but never approved, 
so that my lease was never approved, and with that I can say that 
neither Mr. Jones nor any other person had any connection whatever. 

Senator Quarles. Do j^ou know Mr. Lemmon, who has just testified? 

Mr. Walker. Yes; I know Mr. Lemmon. 

Senator Quarles. How long have you known him ? 

Mr. Walker. Oh, I do not know. I have known Mr. Lemmon 
several years. 

Senator Quarles. Do you know any fact, from your dealing in this 
transaction, that would raise any suspicion in your mind that Mr. 
Jones had any connection with any of these leases? 

Mr. Walker. No. I know all about that lease. I was present 
when the awards were made; knew when the awards were made; knew 
the bidders (there were six bidders), and so far as I know Mr. Jones 
had no connection whatever with them. 

Senator Quarles. The committee would be under obligation to you 
if you will freely and fully disclose any fact which would raise a sus- 
picion in your mind that Commissioner Jones was connected in any 
way with either of those companies in the letting of the lease. 

Mr. Walker. There is no suspicion, there is no fact or incident con- 
nected with it in anv way to lead me to believe that he had any connec- 
tion with it. Mr. Commissioner Jones held us down in making those 



f 



leases a little harder than the advertisement called for in the wav of 
PL""!^ -'^^ ^^^ Indians. When the awards were made they were on 

l!: ^^. f ^u°^''''^^ ^'''''^ *^^ advertisement. But that was not for the 
benett of the lessee. It was against him. 

Senator Quarles. And the result of it was that you did not ^et vour 

lu ' w^^^ "^* approved by the Indian Department ? 

Mr. Walker. The Secretary ? No, sir; the Secretary never approved 
my lease, and the Chicago, Milwaukee and St. Paul Railroad Companv 
nad nothing to do with my lease or bid. 

Sanator Quarles. Or, so far hs you know, with the Lemmon lease? 

Mr. Walker. No; so far as I know never had any connection in 
any way with it; never heard of it. 

SWOEH STATEMEHT OF MR. J. A. TRTIESDELL, OF WASHUTOTOF 

DISTRICT OF COLTIMBIA. 

Senator Quarles. Where do you live ? 
Mr. Truesdell. Washington, D. C. 
Senator Quarles. And what is your business? 
Mr. Truesdell. A newspaper man. 

Senator Quarles. Who caused you to be subpoenaed here; do vou 
know ? "^ 

Mr. Truesdell. I do not know. 

The Chairman. You were subpoenaed, were you ? 

Mr. Truesdell. I was subpoenaed. 

Senator Quarles. Have you heard the testimony of Mr. Wade, lust 
given? ^ 

Mr. Truesdell. I have; yes. 

Senator Quarles. And that of Mr. Lemmon? 

Mr. Truesdell. Yes. 

Senator Quarles. With what paper are you connected ? 

Mr. Truesdell. The Philadelphia Ledger. 

Senator Quarles. You have heard the testimony of the three wit 
nesses who have just appeared here? 

Mr. Truesdell. Yes. 

The Chairman. Is the paper that you represent one of the papers 
that have been publishing statements suggesting that Commissioner 
Jones was censurable in this matter? 

Mr. Truesdell. The Ledger has not. I have seen no such state- 
ments in any paper. 

The Chairman. I asked if your paper was. 

Mr. Truesdell. No. 

Senator Quarles. I am wholly unadvised as to why you were called 
therefore I shall have to ask you in a general wav whether you have 
any information bearing upon the testimony of these three witnesses 
here touching the letting of leases for Standing Rock Reservation. 

Mr. Truesdell. As affecting 

Senator Quarles. As affecting any financial interests of Commis- 
sioner Jones. 

Mr. Truesdell. The only positive testimony that I can give as to that 
point is this. I will state what it is, and if you want to pursue the 
inquiry you can go on and do so. The only knowledge I have came 
from the Commissioner himself in a personal conversation he held with 



f 



20 



LEA8ING OF CERTAIN INDIAN LANDS. 



) 



me the day the Lemmon lease was signed. What day that was, I have 
forgotten, but it wa8 in his own otBce. 

Senator Quarles. Did that relate to his own participation in the 
matter? 

Mr. Truesdell. Yes. 

Senator Quarles. State what he said. 

Mr. Truesdell. There was considerable conversation preceding 
what he said as to this precise point, which perhaps is not pertinent. 
But he declared to me that he had no financial interest whatever in 

this lease. 

Senator Quarles. How did you happen to raise that question with 

the Commissioner at that time ? 

Mr. Truesdell. I said a good deal to him in connection with the 
circumstantial aspect of the matter, and I said possibly that it wore the 
color of fraud. 

Senator Quarles. To what did vou allude then? 

Mr. Truesdell. I alluded to tte fact that but seventeen days had 
passed between the letting and opening of the bids; I alluded to the 
fact that his minimum rate was 3 cents, and he got less than a half cent; 
1 alluded to the fact that there were six bidders, and there were only 
live considered. I told him that his attitude toward the Indians was 
not in loco parentis, and it looked like he had concealed the matter — 
suppressed the truth; that the Indians had given their consent, coupled 
with the understanding that the unoccupied lands should be marked 
out by stakes, by boundaries, and that he had not stated the matter 
fairly to the President in the interview which, I think, was held the 
day previously. And there was considerable of that sort of conversa- 
tion in which he participated. 

Senator Quarles. You were speaking as a newspaper man? 

Mr. Truesdell. Partly so, and partly as a friend of these Indians. 

Senator McCumber. Do you belong to this Indian Rights' Associa- 
tion which they have over in Philadelphia? 

Mr. Truesdell. No. 

The Chair>la.n. Did you have any connection with these Indians, 
except the general connection which you have stated ? 

Mr. Truesdell. 1 went to school with some of them and knew 
them; have been friendly to them. And most of them come to see 
me at my oflSce when they come to Washington, and I am interested 
in their aflfairs, and all that. 

Senator Quarles. That conversation related to the details and pro- 
priety of the leases. Now, what, if anvthing, was said about Com- 
missioner Jones having any interest in them or not? 

Mr. Truesdell. He declared that he had no financial or other 
interest in the matter. 

Senator Quarles. Had you charged that he had ? 

Mr. Truesdell. No; never had. 

Senator Quarles. What was it that led up to that rejoinder on his 

part ? 
Mr. Truesdell. I do not think that rejoinder was led up to on my 

part. 

Senator McCumber. You stated that you had said that the matter 

wore the color of fraud on its face ? 

Ml'. Truesdell. That it had the color of fraud— the circumstance 
of leasing 800,IH)0 acres of land, and perhaps more than that, in the 
dead of winter in seventeen days, an unusual period. 



leasing of certain INDIAN LANDS. 



21 



And I also alluded to the fact that after this interview in which, 
as I was told, the President advised the Commissioner and Mr. 
Primeau to get together and agree about ceilain details in this lease, 
he declared that he was going to have the lease signed. And I called 
attention to the fact that that w^as an unusual procedure when there 
was in Congress three resolutions ordering an inquiry into this matter. 
I said I thought it was a verv strange thing for an executive officer to 
do in regard to something which Congress had undertaken to inquire 
into, and that the effect of this lease was to accuse him. 

Senator Quarles. And he understood that it was accusing him? 
Mr. Truesdell. Yes. 

Senator Quarles. And that was the natural rejoinder, was it? 
Mr. Truesdell. This was quite a long conversation, and after this 
conversation we dealt somewhat with Mr. Primeau. Mr. Jones 
advanced the statement that Mr. Primeau, according to advices which 
he had received from an official of the Chicago, Milwaukee and St. 
Paul Railroad Company, had gotten into an altercation with a man and 
hurt him so that he died; and that he, Primeau, had been making 
advances to the Milwaukee road for a pass for getting these Indians 
to consent. 

That was the first I heard about the Chicago, Milwaukee and St. 
Paul Railroad Company being connected with it. I said, *'Ha, ha! 
there is a railroad behind it." The commissioner made some common- 
place reply. What I remember that he did say was that the railroad 
company was interested to the extent of hauling the cattle produced 
on tnat reservation. My answer to that was that the Indians' cattle 
were as heavy as the whitemen's, and if they were let alone they 
might produce cattle that the Chicago, Milwaukee and St. Paul Com- 
pany might haul. I might say, also, if the committee will bear with 
me, that subsequently, here in the committee room, I heard the com- 
missioner state that he had a letter from an official of the Chicago, 
Milwaukee and St. Paul road, a man named Caldwell (which was 
afterwards corrected to Calkins) about this matter. 
Senator Quarles. About what matter ? 

Mr. Truesdell. Mr. Primeau offering to procure the consent of the 
Indians to this matter of the lease of the lands. 
Senator Quarles. What did he say he heard? 

Mr. Truesdell. The conversation started in his office the day the 
Lemon lease was signed, if I remember aright. He stated that this 
official advised him that Primeau had, for ^500 and an annual pass over 
the Chicago, Milwaukee and St. Paul Railroad, offered to secure the 
consent of these Indians to these leases. 
Senator Quarles. Who told you that? 

Mr. Truesdell. Mr. Commissioner Jones told me about that. 
Senator Quarles. Did he tell you anything later about that? 
Mr. Truesdell. What I heard was a subsequent statement by the 
Commissioner before the committee. 
Senator Quarles. What was that? 

Mr. Truesdell. That he had been told by an official of the Chicago, 
Milwaukee and St. Paul Railroad Company that Primeau had con- 
sented to procure the consent of these Indians to the lease in consid- 
eration of this $500 and the annual pass. 

Senator Quarles. In this interview with the Commissioner he 
declared to you that he, the Commissioner, had no personal interest 
in the lease? 



22 



LEASING OF CERTAIN INDIAN LANDS. 



LEASING OF CERTAIN INDIAN LANDS. 



23 



Mr. Truesdell. No financial or other interest. 

Senator Quarles. In the lease ? 

Mr. Truesdell. In the lease. 

Senator Quarles. What did you say, if anything, in response to 

that? , . 

Mr. Truesdell. I think 1 made a very generous statement to him, 
that I did not suspect him of it. 1 told Lim that the most I suspected 
was that he was trying to help some of his friends in the Chicago, 
Milwaukee and St. Paul road. But of that I have no knowledge. I 
think 1 went on to say that I had admired his course as Commissioner 
of Indian Affairs, and had great confidence in him; but this thing had 
shaken my confidence in him. , , 

Senator Quarles. Do you know now whether Mr. Commissioner 
Jones had any interest in that road? 

Mr. Truesdell. I do not know. 

Senator Quarles. What is the fact? 

Mr. Truesdell. I do not know, of course. He may own the entire 

road. . . r> 

Senator Quarles. And he may not have a penny's interest in it i 

IVTi* Trxifsdell A^es. 

Senator Quarles. So that whether he had any interest in the lease 
or in the railroad you have no knowledge? 

Mr. Truesdell^ No positive knowledge. 

Senator Quarles. Can you furnish the committee any information 
or any clue in regard to that matter? 

Mr. Truesdell. None that is not entirely accessible to the com- 
mittee and suflScient to convict the commissioner of his having some 
peculiar interest in this. ' . 

Senator Quarles. How is that? 

Mr. Truesdell. To convince the committee that he has some interest 

in this lease. 

Senator Quarles. How is that ? 

Mr. Truesdell. Why, if the lease 

Senator Quarles. We do not want any argument. If you have any 
facts state them fairly and fully, but your deductions we do not care 

about. , T- • 

Mr. Truesdell. I am only alluding to this record. For instance, 
here is a record which makes allusion to Mr. Hunter, representing the 
Chicago, Milwaukee and St. Paul Railroad, going among the Indians 
to make leases, and yet it is said that nobody connected with the rail- 
road is interested. Here is a man, Caldwell or Calkins, who seems to 
have some information. And that is a statement of Mr. Commissioner 
Jones himself, as I know from hearing it. I called attention to it. 

Senator McCumber. Neither of the three Senators on this subcom- 
mittee sent for vou, that you know of? 

Mr. Truesdell. No; a young man came up into the press galleiy 
with a subpoena a week ago to-day, I think, and I said I would be here. 

Senator McCumber. Have you any knowledge of how vour name 
was given to the Sergeant-at- Arras as a necessary witness in this matter? 

IVTt* Trttf'sdell No 

The Clerk. Mr. Chairman, I furnished to the Sergeant-at- Arms the 
names of Mr. Truesdell and Mr. Kennon as the two newspapermen 
connected with this article. I asked Commissioner Jones whether or 
not it was necessary to have them here, and he said it might be well to 
call them. 



'/ 



( 



Senator Quarles. Mr. Truesdell, did you furnish the information 
upon which Mr. Kennon wrote that article ? 

Mr. Trltisdell. I do not know that I did in any articles that I 
wrote to the Philadelphia Ledger. I did not know Mr. Kennon. I 
have not seen him for fifteen years. He used to be a newspaper man 
in Washington. 

Senator Quarles. Let me inquire as to your observations regard- 
ing Commissioner Jones'S connection with the railroad company. Can 
you and will 3'ou kindly tell the committee how you connect that with 
this lease ? 

Mr. Tbuesdeli^ ^SIJ 

Senator Quarles. What ha^ the railroad company to do with this 

lease? 

Mr. Truesdell. It is for you to find out. 

Senator Quarles. It is for you to answer if you know. 

Mr. Truesdell. It is well you couple that condition. I do not know. 

Senator Quarles. Kindly tell the committee what force there was 
in your suggestion a few minutes since that it was suspicious thai 
there were two men supposed to be connected with the railroad com- 
pany who had done this, that, or the other thing. How do vou relate 
that to this transaction, if the railroad company had nothing to do 
with the lease i 

Mr. Truesdell. Are you now asking for my opinion? 

Senator Quarles. No; I am asking for any facts you have. 

Mr. Truesdell. You have no right to ask me that question. I 
have just told you I do not know. 

Senator Quarles. Your judgment as to my right is something I do 
not care much about. 

Mr. Truesdell. That is immaterial to me. 

Senator Quarles. My right to ask you this question is something 
that you can not call in question. As a witness I understood you to 
say that you called to the attention of the committee as a matter 
of great pregnancy the fact that there were two young men there 
named in the record as having been connected with the railroad com- 
pany. Hunter and Wilcox— is that the name ? What relevancy has 
that fact to this inquirv, to the testimony you have heard here, namely, 
that the Chicago, Milwaukee and St. Paul Railroad Company has no 
connection in any way with this lease i 

Mr. Truesdell. You can ask that question; but I decline to 

answer it. 

Senator Quarles. You decline to answer it? 

Mr. Truesdell. I do. ^ • 

The Chairman. May I ask you why you decline ? 

Mr. Trltisdell. It does not call for a statement of facts. 

The Chairman. I understand. But this question submitted by the 
Senator is simplv asking for your opinion. He asks you f or yoor 
opinion. He stated before that he wanted facts about it: but in this 
question he wants vour opinion. 

Senator Quarles. I ask you, having heard the testimony before the 
committee to the effect that the milroad company has no interest in 
this lease, how there can be any connection between that fact and the 
fact that in that record reference is made to two witnesses. 

Mr. Truesdell. It is merely an opinion based on this statement 
made in the hearing of the committee. 



24 



LEASING OF CERTAIN INDIAN LANDS. 



LEASING OF CERTAIN INDIAN LANDS. 



25 



The Chairman. You do not base your conclusion upon facts outside 
of that? 

Mr. Truesdell. None whatever. I am willing to tell you all I 
know. 

Senator Quarles. Do you know of any connection of the railroad 
company with this lease? 

Mr. Truesdell. No; none except what I have stated. 

Senator Quarles. Have you any evidence of facts? 

Mr. Truesdell. None, whatever. 

Senator Quarles. Do you know either of the persons referred to 
there, mentioned in that record? 

Mr. Truesdell. No. 

Senator Quarles. And you have now stated all the facts, so far as 
you know, that have any relevancy to this inquiry? 

Mr. Truesdell. I would not say that conclusively. Of course,^ 
there may be things that have not occurred to me just now, as a good 
deal has occurred. 

Senator Quarles. If there be any other fact we wish you to state it. 

Mr. Truesdell. I do not know that I ought to go into it at any 
length at all, but there is a good deal to be stated about it. For 

instance, these Indians tell me But that is hearsay; you do not 

want that. 

Senator Quarles. No. 

Mr. Truesdell. There is a good deal more that was said in the 
conversation with the Commissioner. But I told you the gist of that. 

Senator Quarles. You understand what we are trying to get at — 
not the wisdom of that leasing, but simply the question of good faith 
on the part of the Commissioner. If there be any fact known to you 
which will have any bearing on the question of good faith or his 
financial interest in the lease of the Standing Rock Reservation, the 
committee will be obliged to j^ou if vou will state it. 

Mr. Truesdell. In addition to wliat I have told you, I do not think 
1 know anything more than appears in the record here. 

Senator McCumber. And all you know about the Commissioner 
subserving the interest of any friend is what is contained in that 
record ? , 

Mr. Truesdell. Yes. 

Senator Quarles. And what you call the record is Senate Docu- 
ment No. 212, Fifty-seventh Congress, first session? That is what you 
call the record? 

Mr. Truesdell. Yes. 
^ Senator Quarles. I would like to ask Mr. Lemmon a few more 
questions. 

ADDITIONAL STATEMENT OF MR. GEORGE E. LEMMON. 

Senator Quarles. A subpoena has been issued for Mr. Lake, who 
replies that he can not be here until the 29th. Is that Mr. Lake the 
same gentlemen whom you named as one of the men connected with 

your company i 

Mr. Lemmon. Yes; I suppose it is. I received a telegram from Mr. 
Lake to the effect that he was subpoenaed on the same business. I 
supposed he was here, and I made no inquiry for him in Chicago, sup- 
posing he was here ahead of me, or would be. 



T 



I 



Senator Quarles. That is, so far as you know. Has he any knowl- 
edge or information regarding this lease that is not possessed by j^ou? 

Mr. Lemmon. No; I do not think he has. 

Senator Quarles. Did he attend to any of the business of making 
the lease? 

Mr. Lemmon. Why, nothing in particular, only he is a partner of 
mine. 

Senator Quarles. What I mean by that is, in the whole transactiorf 
did he have anj^ connection with the Commissioner of Indian Affairs? 

Mr. Lemmon. None that I know of, except that we were here per- 
sonally at the time of the opening of the bids. 

Senator Quarles. He was here with you ? 
' Mr. Lemmon. Yes. 

Senator Quarles. And may have taken some part in the negotiations ? 

Mr. Lemmon. Yes. 

Senator McCumber. Were you present all the time when Mr. Lake 
was present with the Commissioner. 

Mr. Lemmon. Yes. I was here two days before the bids were 
opened and remained until I received my lease — twenty -five days. 

Senator McCumber. Mr. Lake was here, but had no conversation 
with the Commissioner except when you were present? 

Mr. Lemmon. I do not know that I was here the whole time Mr. 

Lake was here. 

The Chair^ian. Has the Chicago, Milwaukee and St. Paul Railroad 
Company any connection with your lease? 

Mr. Lemmon. None whatever. 

The Chairaian. Some reference has been made here to statements 
by some officers connected with the railroad company which would 
seem to indicate that they were taking an active interest in it. Why 
were they doing it ? 

Mr. Lemmon. I take it that any railroad adjacent to that territory 
would be interested in its being open for lease. The Milwaukee Rail- 
road has no interest in my lease, and no one has but the gentlemen 
whose names I have mentioned. 

The Chairman. You do not know of any financial interest they have 

in your lease? 

Mr. Lemmon. None whatever. If they had, I would be bound to 

know it. . «? Q 

The Chair^ian. Neither the railroad nor any of its officers? 

Mr. Le^lmon. No; none whatever. 

Senator McCu^iber. You know that the Milwaukee road is tribu- 
tary to that country ? • 

Mr. Lemmon. Yes. 

Senator McCumber. And the Milwaukee road would be mterested 
in having just as many cattle raised there as possible? 

Mr. Lemmon. Yes;' the Milwaukee, the Sioux, and the Northwest- 
ern would be interested in having that stocked up. 

Senator Quarles. One is no more interested than the other? 

Mr. Lemmon. The Sioux, I judge, lies the best— is the nearest tribu- 
tary to it. That is only some 22 miles from it. 

Senator McCumber. They drive to Mandan from there i 

Mr. Lemmon. Yes. 

Senater Quarles. The greater portion of the stock is taken over 

the Northern Pacific? 



f 



LEASING OF CERTAIN INDIAN LANDS, 



27 



26 



LEASING OF CERTAIN INDIAN LANDS, 



Mr. Lemmon. It has been heretofore. ^ xi. ^ ^u c^ 

Senator Quarles. So that there is no peculiar interest that the M. 
Paul would have over and above the others? 

Mr. Lemmon. No, except the Sioux. The Sioux lies more con- 
venient. Then comes the Milwaukee and then the Northwestern. 

Senator Quarles. You and Mr. Lake were here at the time the 
leasing took place ? 
. Mr. Lemmon. Yes. , ^ _ , -j 

Senator Quarles. Were there any other of the four gentlemen besides 

you and Mr. Lake ? 

Mr. Le>imon. No. ^, ^, .. 

Senator Quarles. So that the other two would not know anything 

about it? 

Mr. Lemmon. Nothing whatever. 

8W0EN STATEMEHT OE ME. C0MMI8BI0HEE JOHES. 

Senator Quarles. You are the Commissioner of Indian Affairs ? 

Commissioner Jones. Yes. 

Senator Quarles. And have been for how long? 

Commissioner Jones. About five yeai-s; a little over five years. 

Senator Quarles. For the Government you were concerned in the 
making of a cei-tain lease on the Standing Rock Reservation during 
this last winter, I believe? 

Commissioner Jones. Yes; for the Indians. 

Senator Quarles. I mean for the Indians. Who was the lessee in 

that lease ^ 

Commissioner Jones. The onlv existing lease now is what is known 
as the Lemmon lease, George E. Lemmon. There was another lease 
to William I. Walker that was only partly executed. 
' Senator Quarles. The same gentleman who was here a few min- 
utes ago ? 

Commissioner Jones. Yes. 

Senator Quarles. And it is the same Mr. Lemmon who was here a 

few minutes ago? 

Commissioner Jones. Yes. 

Senator Quarles. It has been charged in a letter which you have 
heard read that at the time you consummated that lease for the Indians 
you were connected with the parties in interest, the lessee. Will you 
state to the committee what the fact is in that regard ? 

Commissioner Jones. The fact, so far as the St. Paul road is con- 
cerned, is that I am not connected with it, never have been m 
my life life connected with it, either as an officer or employee. 
Neither have I owned one cent in it in my life— now or at any 
other time— nor one cent of its stock or bonds; have never been 
interested in anv of its securities, direct or otherwise. I know but 
few of its officers and directors. So far as the lease is concerned, I do 
not remember hearing or seeing Mr. Lemmon until he came here and 

twas here when we opened the bids. Mr. Walker h^^ieen a cojitractor 
in the service for several vears. I have met him perhaps once or 
twice a year. But as to mv being interested in this lease, or any other 
lease that the Indian Office has had anything to do with, is not true. 



A 



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11 



C 



I have never had any interest in any such thing since I have been m 
the office — no interest in any lease whatever. 

Senator Quarles. Or any benefit to accrue therefrom, directly or 

indirectly? 

Commissioner Jones. No. 

Senator Quarles. Or anv commission, present, or gift ? 

Commissioner Jones. No. Neither have I been approached by any- 
body doing business in the Indian Office on lease account in anv manner 
whatever that could be construed as an offer of a bribe or inducement 
to favor their lease. • 

Senator Quables. Is there any possible connection of the Milwaukee 
Railroad in a way that any benefit could accrue to you by reason of 

the giving of the lease ? 

Commissioner Jones. None whatever, direct or otherwwe. 

Senator Quarles. Do you know of any direct financial mterestthat 
the Milwaukee road had in this Lemmon lease ? j . vr 

Commissioner .Iones. None, except what was stated by Mr. 
Lemmon— except that they were interested in hauling stock on and 

oflf the reservation. u- i *i. 

Senator Quarles. That would be a commercial benefit which the 

other roads would share in in common with this ? 

Commissioner Jones. Yes. . ^ .. ^ a.u a*-i 

Senator Quarles. Do you know of any other interest that the Mil- 
waukee road has had in that lease except the interest that any common 

carrier would have ? .^xjuatt^^ 

Commissioner Jones. No; none whatever. As stated by Mr. l^em- 
mon here, the Milwaukee road and the Sioux were interested in having 
the ranges there stocked, so that they could be benefited indirectly 
in hauling the stock on and off the ranges. 

The Chairman. You have been criticised somewhat because of the 
shortness of time elapsing between the time the bids were asked for 
and the opening of them, and the intimation was that it was done to 
give certain bidders,, favorites of the Department a certain advantage. 
What was the cause of that shortness of time, and how short was it, if 

^ Commissioner Jones. It was short; I judge four days shorter than we 
usually have. Three weeks is the usual time we have for advertising, 
and this was seventeen days, as I recollect it In discussing the mat- 
ter it was said that there was a good deal of fencing to be done there, 
and, naturallv, whoever secured the lease wanted as much time as 
possible to secure the fencing. The fencing was some 200 miles. 
That is the reason the office decided that the time should be curtailed. 
There was never anybody who was interested in the lease who 
approached me to shorten the time. , , ^ « 

Senator McCumber. How could that be to the advantage of any one 
bidder over another, so far as you know'f 

Commissioner Jones. It could not be. , 

Senator McCumber. Mr. Truesdell in his testimonv spoke about 



Commissioner JONES, lean noi recau luc ca»«-^ ^v/....-s -^ I-' li" 
we had quite an extended conversation. He accused me of P»-a<^t|ca Ij 
everything that is in the decalogue in regard to the 'ea'^'ng. «nd 1 pie- 
sume I loft my temper, as he seemed to have lost his. I told him that 



28 



LEASING OF CERTAIN INDIAN LANDS. 



LEASING OF CERTAIN INDIAN LANDS. 



29 



1 intended to follow the dictates of nn' own judgment; that 1 was doingf 
nothing wrong; that it was in the interest of the Indians; that I wanted 
to secure as much revenue for those Indians out of those unoccupied 
lands as possible. 

Senator McCl^iber. Had vou ever heard of Mr. Lemmon and his 
associates at that time i 

Commissioner Jones. No; never heard of them. 

Senator McCumber. Then they were not your personal friends? 

Commissioner Jones. No; and not now, that I know of. 

Senator McCumber. Have you in any way in leasing these lands 
subserved the interests of any friends of yours? 

Commissioner Jones. No. 

Senater McCumber. And have your personal friends any interest 
whatever in those leases? 

Commissioner Jones. None whatever. 

Senator McCumber. Mr. Truesdell said in his testiinon}^ that you 
had said in substance to him that you had no financial or other interest 
in this matter. You may state what was the cause of your repl5ung to 
him in those words? 

Commissioner Jones. I can not give you the precise wording. It 
was simply his general accusation that I was interested. He accused 
me of being interested in some waj" in securing these leases, and I 
simply said to him that I was not interested in anj^ way, financially or 
otherwise, in these leases or anvbodv connected with these leases. 

Senator McCl^iber. That was not a voluntary statement of yours? 

Commissioner Jones. No. 

Senator Quarles. Reference has been made by one of the witnesses 
to some statements occurring during a hearing previously had on the 
question of leases, the statements appearing in Senate Document 212 
of this session, and concerning a Mr. Primeau, and concerning a state- 
ment that you made during that hearing regarding Mr. Primeau. 
Who is Mr. Primeau? 

Commissioner Jones. He is a Sioux mixed blood on the Standing 
Rock Reservation, and acted as interpreter here. 

Senator Quarles. Is he the gentleman who appeared here before 
the Indian Committee and acted as interpreter? 

Commissioner Jones. Yes. 

Senator Quarles. Was he here at all in the interest of the Indian 
Office or in their employ? 

Commissioner Jones. No. 

Senator Quarles. Had he ever been in the employ of the Indian 
Office? 

Commissioner Jones. No; not that I know of. 

Senator Quarles. Then it was 3^ou, I understand, who made known 
to the Senate committee in that hearing that he had had some financial 
connection with the St. Paul road. Is that right? 

Commissioner Jones. Yes. 

Senator Quarles. You had heard that, and made it known to the 
committee, as appears on page 90 of Document 212? 

Commissioner Jones. \ es. 

Senator Quarles. I wanted to know, simply, what attitude he occu- 
pied: whether he had any connection with \"ou or your office? 

Commissioner Jones.' None whatever; no. 

Senator Quarles. My attention has been called to the fact that 
somebodv bv the name of Hunter assumed to address — that seems 



/ 



\ 



J 



to be a statement made by William Hayes Ward in a letter to ^'My 
Dear Miss Cook," on page 91. Mr. Hunter assumed to speak for the 
railroad company, and to explain the position of the railroad company. 
What connection, if any, had Mr. Hunter with you? 

Commissioner Jones. None whatever. 

Senator Quarles. Or with your office? 

Commissioner Jones. None whatever. I did not know him at the 
time. 

Senator Quarles. Was he there by your consent or at your 
suggestion ? 

Conmiissioner Jones. No. 

Senator Quarles. Did you know that he was there at all until he 
came out here? 

Commissioner Jones. No; I did not. 

Senator Quarles. Have you heard he is ? 

Commissioner Jones. I have heard afterwards that he was. 

The Chairman. That he was what? 

Commissioner Jones. An employee of the St. Paul road. I have 
no knowledge of that except hearsay. 

The Chairman. Where was he when he made that statement — at a 
council of the Sioux ? 

Commissioner Jones. So it says in this record. 

Senator Quarles. It is a hearsay statement. Mr. Truesdell alluded 

to it. 
Mr. Truesdell. Myton says in this very first line that he heard 

Mr. Hunter make this statement. 

Senator Quarles. I am very glad he did. I am only concerned in 
knowing whether he represented the Commissioner in any way or the 
Indian office in any way when there— by his or their procurement or 

consent. 

Commissioner Jones. No. I did not know that he was there. I 
did not know who Mr. Hunter was— did not know that they had called 

a council. 

Senator Quarles. Was he authorized to speak for you or your 

office at that council ? 
Commissioner Jones. No; nor at any other time. 

Thereupon the committee adjourned to meet on notice. 



Washington, D. C, May ^9, 1902. 

^ The subcommittee met pursuant to notice. 

Present: Senators Jones ((chairman), Quarles, and McCumber. 

4 

( SWOEN STATEMENT OF RICHARD C. LAKE, OF CHICAGO, ILL. 

Senator Quarles. Where do you live? 

Mr. Lake. I live in Chicago. 

Senator Quarles. Do you know Mr. Lemmon, who was exammed 

here the other day ? 

"^Tr TjAice Y^es.' 

Senator Quarles. The gentleman who had awarded to him a lease 
on behalf of the Indians of the Standing Rock Agency ? 



30 



LEASING OF CERTAIN INDIAN LANDB. 



Mr. Lake. Yes; I know him very well. I am associated with him 
in that business. 

Senator Quarles. Were you in any way interested with Mr. Lemmon 
in that lease? 

Mr. Lake. Yes. 

Senator Quarles. In his testimon\^ the other day he mentioned some 
gentleman by the name of Lake, who, with two others, were interested 
m that lease. Are you the same gentleman to whom he referred ? 

Mr. Lake. Yes; there are four of us in the company. 

Senator Quarles. I think you also said that you were present here 
at the time the leasing took place. Is that correct? 

Mr. Lake. I was here; yes. 

Senator Quarles. Then you are personally familiar with all the 
circumstances connected with the mating of tnat lease? 

Mr. Lake. I think I know all about it. 

Senator Quarles. For the benefit of the committee, will you kindly 
state what relation, if any, the Chicago, Milwaukee and St. Paul 
Railroad Company had with that lease, or what interest they had in 
the lease? 

Mr. Lake. They had no connection with it, and have no interest 
in it. 

Senator Quarles. Had any officer of the Chicago, Milwaukee and 
St. Paul Railroad Company any interest in or connection with the lease? 

Mr. Lake. None whatever. 

Senator Quarles. Did any of the employees of the road? 

Mr. Lake. No; no one in any way connected with it. No one asso- 
ciated with us except the men Mr. Lemmon mentioned. 

The Chairman. And none of those are connected with the Chicago^ 
Milwaukee and St. Paul Railroad Companj^ ? 

Mr. Lake. No. 

Senator Quarles. Now, will you state whether or not Mr. Com- 
missioner Jones, the Commissioner of Indian Affairs, had any interest 
in that lease or with your company in any way ? 

Mr. Lake. None whatever, either directly or indirectly. 

Senator Quarles. Was there any agreement or understanding 
between your company and Commissioner Jones by which he was to 
receive any favor, compensation, or benefit, directly or indirectly, by 
reason of your acquiring that lease? 

Mr. Lake. Absolutely none. Nothing of the kind was ever thought of. 

Senator Quarles. If there had been any such arrangement, you 
would be in a position to know it ? 

Mr. Lake. I certainly would have known it. I believe I am abso- 
luteW familiar with every detail of that business. 

Senator Quarles. I think that covers the case. 

The Chairman. I think so. 

Thereupon the committee adjourned to meet on notice. 




i 



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O 



67th Congress, ) 

Ist Session. ) 



SENATE, 



\ 



Document 
No. 212. 




i. 



LEASING OF INDIAN LANDS. 



HEARINGS 



BEFORE THE 



COMMITTEE ON INDIAN AFFAIRS, 

UNITED STATES SENATE, 



.1 



ON THE RESOLUTION SUBMITTED BY MR. RAWLINS PROPOSING 
AN maUIRY RELATIVE TO LEASES OF INDIAN LANDS, SENATE 
BILL 145, IN RELATION TO CERTAIN UNDS WITHIN THE 
UINTAH INDIAN RESERVATION, AND THE RESOLU- 
TION SUBMIHED BY MR. JONES, OF ARKANSAS, 
IN REGARD TO LEASES OF THE STANDING 
ROCK RESERVATION LANDS. 



February 22, 1902. — Submitted by Mr. Platt, of Connecticut, and ordered to be 

printed as a document. 



WASHINGTON: 

GOVKBNHENT PRINTING OFFICE. 

1902. 



4 



LEASING OF INDIAN LANDS. 

HEAKING BEFORE THE COMMITTEE ON INDIAN AFFAIRS, 

UNITED STATES SENATE. 



Washington, D. C, 
Thursday^ January 16^ 1002. 

The committee met at 10 o'clock a. m. 

Present: Senators Stewart (chaimian), Piatt, of Connecticut; Quarles, 
McCumber, Bard, Quay, Clapp, Gamble, Jones, of Arkansas; Raw- 
lins, Harris, Dubois, anH Clark, of Montana. 

HON. WILLIAM A. JOHES, COMMISSIOKEE OF INDIAN AFFAIRS, 

APPEARED. 

UINTAH RESERVATION IN UTAH. 

The Chairman. The Commissioner of Indian Affairs Js now here, 
and inasmuch as there has been a good deal of talk about the leasing 
of Indian land.-?, the Commissioner will please explain what has been 
done and what is proposed to be done. He is here for that purpose. 
Mr. Jones, you will favor us with a statement of the situation. 

Senator Rawuns. Before the Commissioner proceeds, I w ill state 
that Senpte bill 145 is the same bill I introduced last year. 

The Chairman. Let the bill introduced by Senator Rawlins, and 
also the resolution submitted by him. be incorporated in the record. 

The bill (S. 145) setting aside certain lands within the Uintah Indian 
Reservation in Utah for the use of the Indians thereon and providing 
for the sale or disposition of the residue of the lands therein lor the 
benefit of said Inaians, introduced by Mr. Rawlins December 4, 1901, 
and referred to the Committee on Indian Affairs, is as follows: 

'"'"Be it enacted hy the Senate and House of Representatives of the 
United Statts of America in Congress assernhled. That there is hereby 
set aside, for the use of the Indians in the Uintah Reservation in Utah, 
all that portion of said reservation lying north of the Duchesne River 
and easterly of the stream flowing therein known as Lake Fork, and all 
the residue of the lands of said reservation is herebv declared to be 
open to entiy and settlement, the agricultural lands under the home- 
stetid laws and the mineral lands under the mineral-land laws of the 
United States: Prorided. That j^ersons entering land under the home- 
stead law s shall not be entitled to enter to exceed eighty acres each and 
shall pay therefor at the rate of one dollar and twenty -five cents per 

8 



4 LEASING OF INDIAN LANDS. 

acre at the time of entry: And provided further^ That the State of 
Utah may select said land or a portion thereof to satisfy- the gmnts to 
8aid State, upon jmyment therefor by said State at the rate of one dollar 
and twenty -hve cents per acre. That all such proceeds of the sale of 
.said lands shall he turned into the Treasury of the United States, to be 
held iLs a trust fund for the use of said Indians, and to draw interest at 
the mte of four per centum per annum, such fund and the interest to 
be expended uncfcr the direction of the Secretary of the Treasury for 
the benefit of said Indians.'' 

January 8, 1902, Mr. Rawlins submitted the following resolution, 
which wals referred to the Committee on Indian Affairs: 

^^ Rt^Aved^ That the Committee on Indian Affairs is hereby 
instructed to make inquir\^ into and report to the Senate upon the 
following matters: 

'* First. What, if any, title the Indians have to the valuable minerals 
within their reservations; and what, if any, authority they have to 
make leases thereof, or in any manner dispose of the same; and what 
authority, if any, the Secretary of the Interior has to approve such 
leases. 

*• Second. What leases, if any, have been made by Indians within any 
resei-vation: and what, if any, such leases have been approved by the 
Secretary of the Interior; and what, if any, such leases are now in 
contemplation or under consideration for approval or disapproval. 

** Third. What methods have been employed to obtain the consent 
of the Indians to such leases and the approval thereof by the Secretaiy 
of the Interior, and what companies have been organized and combi- 
nations formed to obtain such leases, where have the organizations 
taken place, who are the stockholders and officers thereof, and whether 
any persons connected with Congress or the Government of the United 
States, or holding offices thereunder, have l>een or now are interested 
in or engaged in the promotion of such companies or combinations in 
obtaining leases for mineral lands within Indian reservations. 

'*And said committee is authoiized, for the purpose of making a 
full investigation of the foregoing matters, to send for papers and to 
summon and examine witnesses, and the expense of such investigation 
shall be paid out of the contingent fund of the Senate." 

Senator Rawlins. The bill was introduced at the beginning of the 
last Congress. It was referred to a subcommittee, and the subcom- 
mittee had the matter under consideration. It was thought we ought 
to make another effort to obtain the consent of the Indians, and we 
joined in a request to the Commissioner to see if that could be accom- 
plished. But it resulted in nothing. I desire to have the bill reported 
now and disjx)sed of. 

Senator Platt, of Connecticut. Mr. Commissioner, are you famil- 
iar with the bill introduced h\ Mr. Rawlins? 

Commissioner Jones. No, sir; I have not i>Q^\\ it. 
Senator Quarles. It is Senate bill No. 145. 
(A copy of the bill was handed to the Commissioner.) 
Conunissioner Jones. I can not ^o into the details of it, Mr. Chair- 
man, but genei-allv speaking I am m favor of a bill of this character. 
I do not l>elieve in reserving large tracts of land for the exclusive use 
of Indians. I believe it ought to be thrown open as mpidly as possi- 
ble. I understand, though, that there is a treaty arrangement with 
those Indians which will make it necessary for you to treat with them 
before it can be thrown open to settlement. 



LEASnre of i:ndian lands. 5 

The Chairman. Mr. Rawlins says that the effort to treat with them 
failed several times. How is that ? 

Commissioner Jones. It has failed twice to my knowledge. 

Senator Platt, of Connecticut. What do they want i 

Commissioner Jones. They do not want anything except to let it 
remain as it is. 

Senator Rawlins. They will not agree at all. There has been so 
much agitation by people interested tnat we can never get any agree- 
ment with them. It is not because they do not know what their own 
interests are, but for other reasons it is impossible. 

The Chairman. Speculators, persons wanting the land, are operating 
upon them i 

Senator Rawlins. They are operating upon them constantly. 

Senator Clark^ of Montana. They are trying to get a lease from 
them now. 

Senator Platt, of Connecticut. AVould it make any difference with 
them if we were to pay them a sum down for relinquishing a part of 
their reservation and' then the Government to recoup itself by the 
price which would be paid for the land which would be open to settle- 
ment under the mineral land laws i Would that make any difference 
to the Indians i 

Commissioner Jones. I do not think it would. Senator. There is a 
sort of feeling among the ignorant Indians that they do not want to 
lose any of their land. That is all there is to it, and I think before 
you can get them to agree to open the reserv^ation you have got to use 
some arbitrarv means to open the land. 

Senator Platt, of Connecticut. This bill contemplates diminishing 
the reservation without paying them anything down, opening it to 
settlement under the agricultural and the mineral laws, and then put- 
ting into the Treasury as a fund for the Indians whatever the Gov- 
ermuent may receive' in that wav. That is what this bill proposes, I 
understand. 

Senator Rawlins. Yes, that is the bill. 

Commissioner Jont:s. It will make a great difference in negotiating 
with them whether you propose to pay a cash amount or pay them as 
the land is sold. The system of paying the Indians for land as it is 
being sold has not proved the success it was hoped it would be. The 
Indians are afraid of it But, generally speaking, the Indians will 
under certain conditions consent to sell their land if they are paid a 
cash sum. If we are going to negotiate with them at all I would put 

it on that basis. . . 

Senator Platt, of Connecticut. But in all of the negotiations we 
have had with them they have simply stood mute. 

Commissioner Jones.* No; they do not want to talk sale at all. 

The CHAIR3IAN. Has there been a cash offer made to these particular 

Indians! 

Commissioner Jones. I do not know, Senator. They refuse to talk 

about it. ^ i_. 1 1 

Senator Platf, of Connecticut. Have we any documents which show 

the result of these negotiations i 

Commissioner Jones. We have repoils. 

Senator Platt, of Connecticut. It is in the reports? 

Commissioner Jontes. It is in the reports made to the Secretary. 

Thev are on tile. 

Senator Platt, of Connecticut. 1 ou have the reports i 



6 



LEASING OF INDIAN LANDS. 



LEASING OF INDIAN LANDS. 



Commissioner Jones. Yes: they can be produced. 

Senator Harris. Cash in hand is a very important argument with 
Indians^ 

Commissioner Jones. Yes, sir; invariably. They refuse to sell unless 
they can see the cash. 

Senator Quarles. Are they in such a condition that it would be safe 
to give them money ? 

Senator RA\vLiNS. If any money is given them they gamble it away 
and dispense with it. It is not for the best interest of the Indians to 
pa\' them money. 

Senator Bard (to Senator Rawlins). Will you give about the area 
of the Uintah Reservation? 

Senator Rawlins. It is over two million acres. 

Senator Platt, of Connecticut. Senator Rawlins has stated that there 
are six or eight hundred of these Indians. Is that correct? 

Commissioner Jones. I think there are something over eight hundred 
of them. 

Senator Clark, of Montana. Is it possible to do anything arbitrary 
if they refuse to make this concession! The Government has power to 
take that land from them. 

Senator Rawlins. The legal proposition involved is this: The 
estates of infants and incompetent persons, incapable of contracting 
for themselves, are constantly disposed of by the authority of the 
State, and the proceeds derived are neld for their benefit. That is this 
proposition. These are Indians who can not intelligently deal with 
thLs subject independently. They are wards of the Government. 
This bill does not take awaj^ f rom^ them anvthing. It converts their 
land into a fund which will be applied to their benefit. That is con- 
stantl}^ done in the courts of chancery under an order to sell the land 
of an infant to which the infant has title in fee simple. 

Senator Quarles. About how many acres would be left to these 800 

Indians ? 

Senator Rawlins. The reservation covers 2,000,000 acres. The 
part that is set off to them is this northwest corner [indicating on the 
map]. That is the part now occupied by them. It is the best land. 
There is ample water. 

Senator Platt, of Connecticut. It takes in about two-fifths of the 

area ? 

Senator Raavlins. Yes, about two-fifths of the area. 

Senator Platt, of Connecticut. Leaving three-fifths ? 

Senator Rawlins. It is no use to them. They do not occupv it. 
They may travel over it once a year or something like that, but they 
have nothing to do with it, except that it is a constant temptation. 
The agencv is there [indicating]; the military post is down here [indi- 
cating]. This land is surveyed. It is well defined. You see this river 
coming through here [indicating], its boundary. It sets off that por- 
tion to them and is ample for allotment and for their purposes. It 
contains all their improvements. 

The Chairman. I should like now to hear the Commissioner state 
generally as to what has been done in the way of leasing Indian lands 
before we go into particulars. 

Senator Platt, of Connecticut. In the way of leasing to these par- 
ticular people? 

The Chairman. To these particular people or any others. 



Sejiator Platt, of Connecticut. Let him confine himself to the res- 
ervation of these Indians now. 

The Chairman. First confine yourself to this reservation. State 
what has been done in regard to the Uintah Reservation. 

Commissioner Jones. Mr. Chairman, I did not post myself on the 
situation as to the Uintah Reservation. I understood that you asked 
me to come here and make a statement on the proposed grazing leases 
on Standing Rock. I can give you in a general way, though, what 
has been done on the Uintah Reservation. 

The Chairman. Make a general statement now, and you can after- 
wards give the committee, if they desire it, the particulars. 

Commissioner Jones. We have now in existence on this reservation 
one or two grazing leases; I think two. I am not sure as to the num- 
ber. There is also a mining lease in favor of the Raven Mining Com- 
?any, south of the Strawberry, for elaterite and kindred minerals. 
think this lease was approved about two years ago. There is also a 
pending lease that is now before the Secretary for approval or disap- 
proval. That lease is for 640 acres on the north of the Strawberry, 
somewhere in the mountains there, for all minerals; one of the terms 
of that lease is that a royalty of 5 per cent shall be paid on the minerals 
mined. They are also given two years to locate their 640 acres. There 
is no exclusive privilege given as to the mining. 

Senator Platt, of Connecticut. There is as to the 640 acres, is there 

not? 

Commissioner Jones. When it is located. 

Senator Platt, of Connecticut. But they have two years in which 

to locate it ? 

Commissioner Jones. Yes, sir. 

Senator Clark, of Montana. Is that 5 per cent on the gross pro- 
ceeds or the net earnings ? 

Senator Rawlins. It is 5 per cent upon the value of the ores at the 

mines. 

Senator Clark, of Montana. At the dump? 

Senator Rawlins. Yes. 

Commissioner Jones. That in general is the situation. 
The Chairman. They can float for two years. Would not that be 
a menace to the whole reservation ? 
Commissioner Jones. I do not know. That is simply a matter of 

Ae Chairman. Is it confined between any limits? 
Commissioner Jones. Yes, they have north of the Strawberry. 
Senator Rawlins. It is a floating proposition for all of the landl 
Commissioner Jones. North of the Strawberry. 
Senator Rawlins. From here around [indicating on the map]; all 
that section. It embraces fifteen or sixteen hundred thousand acres 

of land. ^ , . 1 ^. I. iLL 

Senator Platt, of Connecticut. Is this the reserv^ation where the 

Florence Mining Company attempted to secure a lease? 

Commissioner Jones, this is the Florence Mining Company. 

Senator Platt, of Connecticut. The others are the Raven f 

Commissioner Jones. The Raven have an existing lease, which was 
approved two years ago, south of the Strawberry. 

The Chairman. How much have they ? 

Commissioner Jones. They have all that is covered by their maps 
of definite location. 



8 



LEASING OF INDIAN LANDS. 



Senator Clark, of Montana. How long has the lease to run ? 

Commissioner Jones. Ten years. 

Senator Clark, of Montana. How long is it proposed that thLs lease 

s all run? i. . ^i. i ^ 4. 

Commissioner Jones. Ten years. The law hmits the lease to ten 

years. The lease does not take all north of the Strawberry. They 
have limited, I understand, in their description, simply the mountam- 
ous part. That is my impression. 

Senator Rawlins. That would be very indefinite. 

Commissioner Jones. I mean they have given the latitude and the 
longitude of the land they want to include. 

Senator Jones, of Arkansas. You conducted just a private negotia- 
tion between the company and the Department ? 

Commissioner Jones. No, sir; the Department can not lease to a 
company. The lease is negotiated with the Indians and sent to the 
Department for approval or disapproval. 

Senator Quarles. So the status of that is a pending negotiation 
between this company and the Indians which has not yet come to the 

Secretary's offices . . , ^ . ^ 1 

Commissioner Jones. Yes, sir; it is before the Secretary for approval 

or disapproval. . ^ , xi. x ^• 

Senator Platt, of Connecticut. And no leases on that reservation 

have been approved by the Secretary ? ^ 1 . 

Commissioner Jones. The Raven Mining Company lease has been 

approved. , ^ i ^ j mi. • 

Senator Platt, of Connecticut That is what I understood. Iheir 

lease has been negotiated with the Indians and approved? 

Commissioner Jones. Yes, sir; two years ago. 

Senator Platt, of Connecticut. That is confined to the getting ot 
elaterite and kindred minerals? 

Commissioner Jones. Yes, sir. ^ 

Senator Platt, of Connecticut. The 640-acre tract is a proposed 

lease . 

Commissioner Jones. The lease is complete, except that it lacks the 

approval of the Secretary. As far as the Indians are concerned they 
have entered into and signed the lease, and it is now before the Secre- 
tary for consideration. , i, ^ 

Senator Clark, of Montana. It is to be decided at the end of two 
years? Until that time it is floating? 

Senator Rawlins. It is a floating proposition. They can enter any- 
where on that tract. . j x- .^ 1 ^• 

Commissioner Jones. They are to file a map of definite location 

within two years. 

Senator Clark, of Montana. Is that to be intact for 640 acres, or 
may it comprise a number of separate locations ? 

Commissioner Jones. The Secretary has decided, in the instruction 
given to the agent, that it must be in one body. . , . u 

Senator Platt, of Connecticut. I wish to make a little further 
inquiry. That is a lease to the Florence Mining Company? 

Commissioner Jones. Yes, sir. ^ ^ ^. . 

Senator Platt, of Connecticut. Was a permit given to them to 

Commissioner Jones. No, sir. The permit was given them to enter 
on the reservation and to negotiate with the Indians. The Indians 



leasing of INDIAN LANDS. ^ 

entered into this arrangement with the company, giving it the right 
to prospect for two years. That is in the terms of the lease. All the 
Department did was to issue a permit to negotiate with the Indians 
for this lease. The Department could not enter into a lease with any- 
body, because the Indians own the land; that is, it is claimed that they 
own the land. 

Senator Platt, of Connecticut. They got it by treaty! 
Commissioner Jones. Yes: they got it by treaty. All the Depart- 
ment could do was to permit them to negotiate with the Indians for 
this lease; and they entered on the reservation and did negotiate with 
the Indians and came back with the lease complete. 

Senator Platt, of Connecticut. Had there been prior to that a per- 
mit asked by other parties to do the same thing, which had been 
declined or refused by the Interior Department? 

Commissioner Jones. No. There is considerable history connected 
with the application. Under the Cleveland Administration, I think it 
was in 1896, an application was filed in the Department by three per- 
sons for a permit to go on the reservations and negotiate a lease. 

Senator Platt, of Connecticut. They are persons who are inter- 
ested in the Florence Mining Company? 1 , . • 

Commissioner Jones. I was going to explain that that was held m 
abeyance for some time, and when it was found that there were con- 
flicting interests these parties assigned their application, or whatever 
right they had before the Department, to the Florence Mining Com- 
pany. The papers are all ready to send to the Senate, and will be sent 
over to the Secretary to-day, giving the whole record of this case. Of 
course, if you want me to discuss it here right now I am wdhng to 
give from memory what I know about it. 

The Chairman. We shall probably want to hear from you again 
about it after we get the papers. There is a statute under which the 
Secretary grants permits to negotiate with Indians for this purpose i 
Commissioner Jones. Yes, sir. ^ 

Senator Jones, of Arkansas. That is all set out m the report^ 
Commissioner Jones. Yes, sir. , , ^, 

Senator Jones, of Arkansas. All that will be covered by the report. 
Commissioner Jones. I can quote the statute m thi^^ case, if desired. 
It applies also to grazing leases. , 

Senator Jones, of Arkansas. Last week I received some telegrams 
protesting against the proposed lease in the Standing Itock Keserva- 
tion I telephoned to Commissioner Jones and talked with him about 
it, and he stated something about the view of the Department on the 
question. I told him there had been two resolutions introduced in the 
Senate, both of which had been referred to the Committee on Indian 
Affairs, and I was going to introduce another. While he has not been 
called for that purpose, I asked the chairman to call a committee 
meeting for to-day, and I hoped the committee would want the Com- 
missioner to come here and explain the facts about the SfcuidingKock 
Reservation. While I did it without authority, I told the chainiian 
afterwards about it, and he said it met with his approval. The Com- 
missioner came to-dav, as I understand, prepared more particularly to 
give the details about the Standing Rock Reservation on account of 
what I and others had said about it. t i. u.. t 

Commissioner Jones. Those are the only papers I brought. 1 can 
only give you to-day in a general way the situation with regard to the 
Uintah Reservation. 



10 



LEASING OF INDIAN LANDS. 



The Chairman. We will pass the matter of the Uintah Reservation 

over, then. i . ^ ^u 

Senator Rawlins. I suppose, then, there will be nothing further 

done in regard to the Uintah matter to-daj^ i 

The Chairman. We will postpone that matter until another meet- 
ing. Meanwhile we will get the papers and have time to study them. 

That will be next Thursdav. 

Senator McCumber. I should like to ask Senator Rawhns one ques- 
tion on a subject with which he is probably familiar, and that is 
whether by any prior treaty we have already conferred the territory 
upon these Indians, giving*^ them as good a title as the Government 
can give an Indian, and whether that treaty does not provide that we 
shall not dispossess them without their consent. 

Senator Rawlins. No; it does not so provide. There was a treaty 
made during the Administration of Abraham Lincoln with those 
Indians, setting this land aside as a home for Indians, in the ordinary 
language of treaties giving rights to Indians. That has been recog- 
nized incidentally by acts of Congress making appropriations from 
time to time. It is precisely the same kind of a treaty under which 
he decision in United States vs. ('ooke, in 19 Wallace, was rendered. 
They have the title in the nature of a life estate, with the rights of a 
life tenant upon the reservation. 

Senator McCumber. I suppose we shall have that treaty before us 

anvway. • i i j 

Senator Platt, of Connecticut. If the tribe becomes extinct, the land 

reverts to the Government? 

Senator Rawlins. Yes. 

Senator Platt, of Connecticut. But while it is in existence the 
Indians have the possessory right— the right of occupation. 

Senator Rawlins. We have theoretically proceeded upon the idea of 
obtaining the consent of the Indians, which is usually a farce. 

Senator Platt, of Connecticut. I wish to say one thing right here. 
I do not know but that the time has come, in view of the desirability 
of breaking up these tribal conditions, when we may have to disregard 
the letter of the treaties which we have made, giving such a title as 
we have given to these Indians, and proceed upon your theory that 
whatever is best now for the Indians, years having elapsed, we will 
do. I do not know but that the time has practically come for that. 
But this is the test case with that condition. 

Senator Rawlins. I recognize it as such, and if it is understood that 
this matter may go over until our next meeting, we will take it up 
then. 

STANDING ROCK RESERVATION. 

The Chairman. We will now hear the Commissioner on the Stand- 
ing Rock Reservation. I will state that on the 13th instant the Sena- 
tor from Arkansas (Mr. Jones) introduced in the Senate the following 
resolution, which was referred to this committee: 

"Hesolved, That the Secretary of the Interior is hereby directed to 
furnish, for the information of the Senate, a copy of the form of 
advertisement for bids or proposals for the leasing for grazing pur- 
poses of any of the lands ot the Sioux tribe or band of Indians withm 
the Standing Rock Reservation, in the States of North Dakota and 



leasing of INDIAN LANDS. 



11 



South Dakota; also to show by what authoritj^ of law it is proposed 
to make such leases, and if by consent of the Indians how such con- 
sent has been obtained, if at all, whether in open council or otherwise, 
and to furnish a cop}' of the proceedings of the council or other evi- 
dence of such consent. 

'•'Also to furnish the reports, or copies thereof, made to his Depart- 
ment b}' the Indian agent at Standing Rock Agency for the last year, 
and all correspondence relating thereto, showing the efforts heretofore 
made within the past year to secure the consent of the Indians to such 
leasing or to levy a tax upon stock found within the limits of the 
reservation.'' 

Commissioner Jones. The same statute applies to grazing leases as 
well as mining leases. In a letter I have written to the Secretaiy, in 
answer to some of the objections that were tiled b^ a number of people 
against the approval of this lease, there is this item in it: "'Respect- 
ing this objection" — the objection that we had no legal right — ''the 
office has the honor to state that the leasing of Indian lands occupied 
bv Indians who have bought and paid for the same is authorized by 
section 3 of the act of Congress of February 28, 1891 (26 Stat. L., 
794). "" Said section is as follows: 

it* * * That where lands are occupied by Indians who have 
bought and paid for the same, and which lands are not needed for 
fai-ming or agricultural purposes and are not desired for individual 
allotments, the same may be leased by authority of the council speak- 
ing for such Indians, for a period not to exceed five years for grazing 
or ten years for mining purposes, in such quantities and upon such 
terms and conditions as the agent in charge of such reservation may 
recommend, subject to the approval of the Secretary of the Interior." 
That is the law. 

The Chairman. Does that apply to other reservations than those in 
thQ Indian country, where they nad bought or exchanged land and got 
a patent for iti That is a different title from the simple treaty title, 
a treaty for possession, or the Departmental title. 
Commissioner Jones. That is the only authority. 
Senator Quakles. The Attorney- General has rendered an opinion 
upon that subject. I had' occasion to read it recenth\ 

Commissioner Jones. Yes, sir; the present Assistant Attorney- 
General has given his opinion (and it has been the opinion of several 
Assistant Attorneys-General), that where the Indians have secured 
title by ceding something valuable, for their resei-vation, their title is 
absolute so far as their right to lease is concerned. 
The Chairiman. By ceding a part of their territory ? 
Commissioner Jones. Yes, sir; or anything valuable. 
Senator Jones, of Arkansas. Has not the Attorney-General held 
that where the Government has given Indians the right to live on a 
piece of land it is practically conveying the fee? 

Commissioner Jones. No, sir; that is what is known as an Executive 

order reservation. 

Senator Quarles. It includes everything except the tenure under 
the Executive order. That is the ruling of the Department. - 

Senator Jones, of Arkansas. That is pretty broad. 



Senator Quarles. It is the ruling. 
Senator Platt, of Connecticut. 
greater includes the less. 



f course the theorj^ is that the 



12 



LEASING OF INDIAN LANDS. 



The Chairman. We must consider this question pretty seriouslj' in 
regard to the leasing of mineral lands. 

Senator Jones, of Arkansas. Where an Indian tribe are given the 
right to make a home in a certain circumscribed territorj^ it seems to 
me it is pretty broad to hold that it is a conveyance of the fee. 

Commissioner Jones. 1 do not know of any instance where the fee 
is conveyed, except where they have acquired under a cession of some- 
thing of value in exchange. 

Senator Jones, of Arkansas. Precisely; but they might get a con- 
cession and a full right to make homes in the territory and the right 
to live on it without getting an absolute title to the land. 

Commissioner Jones. Of course, I am not a lawyer and I can not 
speak as a lawyer of the opinion of the Attorney-General. 

The Chairman. The cases are reported by the Attorney-General in 
the Attorney-General's Reports, are they not? 

Commissioner Jones. Yes, sir. 

The Chairman. I hope the Commissioner will have those here when 
we consider the matter again, because there might be a wide difference 
even in the cases made by treaty. One mignt be a mere treaty of 
occupanc}^ as Senator Jones suggests, and another might have stronger 
language. 

Senator Quarles. There might be no semblance of a bargain and 

sale in it. 

Senator Platt, of Connecticut. Now let us get down to the Stand- 
ing Rock Reservation. Where is the Standing Rock Agency? 

Commissioner Jones. If you want to ply me with questions 

Senator Quarles. Geographically, where is it? 

Commissioner Jones. It is partly in North and partly in South 
Dakota. 

Senator McCumber. Most of it is in South Dakota, but it reaches 
over into the northwestern portion of North Dakota. 

Senator Platt, of Connecticut. The Indians are the Sioux Indians, 

are they not? 

Commissioner Jones. Yes. Mr. Chairman, I have a map here 
which if it can be hung up will show the reservation better probably 
than anything you have here [exhibiting]. This portion is in North 
Dakota and this portion in South Dakota [indicating]. This is the 
Standing Rock Reservation. That is the Cheyenne River Reservation 
'[indicating]. That is a Sioux reservation also. 

The Chairman. About what is the extent of territory ? 

Commissioner Jones. One million two hundred and some odd thou- 
sand acres. 

Senator Jones, of Arkansas. How many miles in length is it? 

Commissioner Jones. I do not know, but it is quite a tract of land. 

Senator Harris. The scale of this map is 12 miles to the inch. 

Senator Platt, of Connecticut. You have all the papers there, and 
the first, I suppose, is your report to the. Secretary, is it not? 

Commissioner Jones. There are the preliminary papers you asked 
for — covering the leasing of land in the Cheyenne River. Also, I can 
give it to you in brief by to-morrow morning, or I can read the papers. 

Senator Platt, of Connecticut. You have written a letter to the 

Secretary ? 

Commissioner Jones. Yes, sir; and that will give you probably the 

gist of the whole subject. 



leasing of INDIAN LANDS, 



13 



Senator Platt, of Connecticut. Suppose you read that letter. 

Commissioner Jones. Ver}^ well. It is in answer to some objec- 
tions that were made to the leasing. It is addressed to the Secretary, 
and dated January 14, 1902: 

''Referring to the informal conference of yesterday relative to 
leasing the western portion of the Standing Rock Reservation, and the 
objections that have been raised against the same b}^ the Indian Rights 
Association, Mr. Merrill E. Gates, secretiiry Board Indian Conmiis- 
sioners, and others, the ofiice has the honor to submit the following 
in relation thereto: 

''The first objection submitted by the Indian Rights Association 

reads — 

"'There are strong doubts whether such a lease under existing 
conditions is not a violation of the treaty- obligations of the United 
States to these Indians.' 

" Respecting this objection, the office has the honor to state that the 
leasing of Indian lands occupied by Indians, who have bought and paid 
for the same, is authorized by section 3 of the act of Congress of 
February 28, 1891 (26 Stat. L.', 794). Said section is as follows: 

ui* * * That where lands are occupied by Indians, who have 
bought and paid for the same, and which lands are not needed for 
farming or agricultural purposes and are not desired for individual 
allotments, the same may be leased by author it v of the council speak- 
ing for such Indians for a period not to exceed five years for grazing 
or ten years for mining purposes, in such quantities and upon such 
terms and conditions as the agent in charge of such reservation may 
recommend, subject to the approval of the Secretary of the Interior.' 

"For the past ten years this Department has been leasing Indian 
reservation lands for^^grazing and mining purposes under the pro- 
visions of said act. It should be noted that the act provides that ' the 
same may be leased by authority of the council speaking for such 

Indians.'" 

The Chairman. Let me inquire if you have ever before leased any 
Indian lands except in the Indian country, where the title was clear? 

Conuiiissioner Jones. No, sir. 

Senator Platt, of Connecticut. 1 think you do not understand the 

question. 
The Chairman. I asked if you have ever gone outside of the Indian 

Territory. 

Senator Platt, of Connecticut. The five civilized tribes. 

The Chairman. Have you ever gone outside of the five civilized 
tribes to make any lease previous to these leases? 

Commissioner Jones. We have not leased anything for grazing pur- 
poses in the five civilized tribes. That territory belongs to those 
tribes. They hold it in fee simple and they control it. 

Senator Jones, of Arkansas. Do I understand that leases have been 
made outside of that Territory ? 

Commissioner Jones. These leases that you refer to were made out- 
side of the Indian Territory. . . ., ^ . 

Senator Platt, of Connecticut. Under that act or under similar acts { 

Commissioner Jones. Yes, sir; we could not lease an Executive 
order reservation. I will now proceed with my letter to the Secretary: 

''Under date of December 26, 1901, Agent Geo. H. Bingenheimer, 
of the Standing Rock Agency, submitted to this office a duly certified 



14 



LEASING OF INDIAN LANDS. 



copy of the council proceedings of said Indians, authorizing the leas- 
ing of their surplus tribal lands for grazing purposes for the period 
not exceeding five years. The certificate attached to said council pro- 
ceedings, and signed by Agent Bingenheimer, is as follows: 

'''I hereby certify that the Indians of the Sioux tribe of Standing 
Rock Agency, who have signed the foregoing agreement, and who 
number seven hundred and seventy-one (771) persons, constitutmg a 
three-fourths majority of all male Indians of Standing Rock Agencv 
over the age of eighteen years, who number in all nine hundred and 
eighty -three (983) persons.'" 

That is, 771 out of 983 persons over 18 years of age have signed the 

petition. i , . 

''It thus appears that the laws of Congress authorize the leasing of 
such lands and that 771 of the male adult Indians of said reservation 
out of the total number of 983 have authorized the leasing in the usual 
manner, namely, by the general council of the tribe. It has been the 
practice of the"^ oflSce where there was no recognized council of the 
tribe to authorize leases to have the United States Indian agent con- 
vene a general council of the tribe in order to secure the usual tribal 

authority." . i i 

Senator Platt, of Connecticut. May I ask a question right there? 
You mean where the tribe has no general council which is in existence 

all the while? 

Commissioner Jones. That is, where they have no organized council. 

Senator Jones, of Arkansas. You call a general meeting, and call 
that a general council? Is that it? 

Commissioner Jones. Yes, sir. 

Senator Platt, of Connecticut. Who calls it? 

Commissioner Jones. The agent. Standing Rock is divided into 
farming districts. It is a large reservation, from 70 to 80 miles, I 
believe, in width, and the agency is on the east border, on one side of 
the reservation. These councils were called in the farming districts. 

Senator Platt, of Connecticut. There are four different districts? 

Commissioner Jones. There are four different districts. 

Senator Platt, of Connecticut. So there were four councils called 

really. 

Commissioner Jones. There were four councils called, and the aggre- 
gate number stated here signed the agreement. 

Senator Jones, of Arkansas. They signed in open meetings of the 

whole body ? 

Commissioner Jones. Yes, sir. 

Senator Platt, of Connecticut. You have the proceedings there! 

Commissioner Jones. Yes, sir; all the proceedings are here. 

Senator Platt, of Connecticut. Go on with your letter. 

Commissioner Jones (reading): 

''The second objection raised by the Indian Rights Association reads: 

"'We are informed that certain members of the tribe desire indi- 
vidual allotments out of these lands. Unless such tracts are exempt 
from the lease, and there seems to have been no notice that such 
exemption would be made, the lease wiM violate the provisions of the 
general allotment law. See act amending it, approved February 28, 

1891.' , ^ ,_ 

" Respecting the matter of individual allotments, the olBce has to say 

that there is no present contemplation of making allotments to the 



LEASING OF INDIAN LANDS. 



15 



Indians of the Standing Rock Reservation. So far as the office is 
advised there is no general demand on the part of said Indians for 
individual allotments. But even if there were present intentions of 
making allotments to these Indians, ample provision is made in the 
genei*al lease form which is used by the office lor protecting the Indians 
m their allotment holdings. Saia lease form provides: 

" 'And in case of the allotment of lands in severalty, it is agreed and 
understood that this lease shall be void as to the lands so allotted: 
Provided^ That in the event of removal for such causes the grazing 
rates herein stipulated shall only be required to be paid pro rata for 
the time said lands shall be occupied under this agi'eement. It is also 
expressly agreed that all allotments of land in severalty and all farms, 
gardens, and other improved holdings of individual Indians shall at all 
times be kept free from damage or interference by the stock or 
employees of the said party of the second part; and it is agreed and 
unaerstood that any violation of these provisions shall render this lease 
void and shall subject the lessee and his. stock to immediate removal 
from the reservation.' " 

Senator Jones, of Arkansas. Let me ask you, if that lease were 
agreed to and you were to allot lands to the Indians, would the lessee 
be required to fence the allotment? 
Commissioner Jones. No, sir. 
Senator Quarles. How do you protect them, then? 
Commissioner Jones. Simply by the terms of the lease. If the 
lessee does any damage, he pays for it. I may state that we have very 
many leases in the Indian country, and I do not recollect of a case of 
damage done upon an Indian's allotment. 

Senator Platt, of Connecticut. Let me ask one further question. 
Are these lands good agricultural lands ? 
Commissioner Jones. No, sir. 

Senator Platt, of Connecticut. So that if we should allot them the 
Indians could not get a living on them by agriculture? 
Commissioner Jones. No, sir. 

Senator Platt, of Connecticut. They are grazing lands? 
Commissioner Jones. It is all grazing land. There are some small 
tracts along the water courses, and all the Indians locate on the water 
courses. 

Senator McCumber. It is semiarid, too? 
Commissioner Jones. I think so. 

Senator McCumber. I presume along the Missouri and along the 
Cannonball there is some good agricultural land? 
Commissioner Jones. Yes, sir; along the Missouri. 
Senator Platt, of Connecticut. Go on with your letter. I do not 
want to interrupt you. 
Commissioner Jones (reading): 

''On a number of other reservations where allotments have actually 
been made, leases of tribal lands covering large areas have also Ijeen 
made, the clause above referred to in the lease form being regarded as 
ample provision for the protection of the individual Indians in their 
allotment holdings. At the present time and for the past several years 
the tribal lands on both the Ponca and Otoe reservations, in Oklahoma, 
have been leased for grazing purposes, the tribal lands being inter- 
spersed by numerous allotments. No general complaint has been 
made frona these reservations that the leasing of the tribal land< has 



16 



LEASING OF INDIAN LANDS. 



rf/eiTaSon7"?hi^" individual holdings of the Indians. At these 
t!fi ^^ • ?!u'^^V"'''' speaking for the tiil>e," as in other cases, 

teken fn^hr^ffi ^'^^ ^^'"^ '"^'^ *^^^« ^^^"^ «^"'^"t«d to the action 

Sp 4h *\ ''^''^ •" *'?•' P''«'"'«es. The same state of affairs exists at 

^el^vatTh?"""Z^^'^^^ '^ Wyoming. Many of the Indians on that 

pair ''\» « tK"" individual allotments. The tribal lands have been 

Durnie^^an3 thT'f^ ""^ ^^^ '*'""''' '^^^''''^ ^^^^ ^^^ t"'^«" ^^^ grazing 
pui pose^, and the lessees are in possession of the lands. So far as the 

ottice IS aware, no complaints have been made br the individual Indians 

w.'v £,«",^"otments or individual holdings are interfered wfthn any 

ShtVo .',• !^K^''•/^^*,!■^^*'u'*"?^• ^ »"»^^^'- ^^ ot^er instance! 
thp^r^n St Av, "*^fl?* '' thought that these are sufficient to maintain 
the position of the office, that the clause in the lease, if riffhtl v enforced 
18 sufficient to protect the Indians in their allotmeilt hofdings? ' 

'-A m.iv W.l''" T:^^ ^^'?^ ^"^'^" ^'Si^^ Association reads: 
•A I J^^J^P^^ of these Indians have established themselves on indi- 
vidual holdings, and are cultivating small farms on the Cders of the 

tai nis will be overrun and destroyed by the cattle on the range for 
the farms are unfenced, the Indians can not fence them and tf ere is 
no obligation on the lessees; to fence their cattle mngesCthe homes 

self sunnoi^in":.* ^"?/'k' k^^^"^^ ''"H' ^''^^ some^uccess, to become 
&eIt-suppoiting will be broken up and they will be driven back to 

become mere paupers to be supported by the United States ' ' 

Kespecting this third objection, the office submits that the same is 

practica ly answered above, for the clause in the lease protectTnol 

only 'allotments,' but provides that 'all farms, gardens ^nd other 

improved holdings of individual Indians shall at klKeX kept free 

from damage or interference by the stock or employees of the saS 

party ot the second part.' Alf lessees of tribal iLds are required to 

enter into bond, witL good and sufficient sureties (sui-et company 

bonds are generally given), conditioned upon the faithful performance 

of the conditions of the lease. Such lessees thus become resDonTble 

and their sureties liable for any violation of the tei^Trnd p?oSns 

of the lease And as stated above, on other reservations tnbal lands 

interspersed by allotments have been leased and the office has f ound Jhe 

iTe ( WM.T^'#?-f ^'? against the very matter complaTned of '' 
Ihe Chairman. W ill it^interrupt you if I make a suggestion? 
Commissioner Jones. Certainly not. sk^s'-'^^" 

• J— A ^'^''l^^J^''- ^""T" ^^ >* possible for the lessees to protect an 
individual holding unless they fence in? Now to iUustmt? the SaS 
Joaquin Valley ,n California had some good agriculS land in it 
It H now the heart of the country. I i^member verv well when t 

out M a drove of a thousand or two thousand head of stock Thev 
would run right over it and drive them out, and it was Tlong time 
before that could be stopped. You could not tell who did U; vou 
could trace them; but the herds would just destrov their in prove 

T^t u ^^^l "^r'l ^^ ""^^ * ^«»d of buffalo right over it. it they 
should have herds there at Standing Rock, I dS not know how the 
lessees themselves could protect it. 

avoS""''^^'''"^'^ '^*^^^^' '"^ ^"^^* *^^ condition we are trying to 

by^t'h^^^Jt^eli'^ed. ^"^ """^ *'"'''' ^^^ '^' ^^"^ ^"^ ^ P'-^^^^d «^««Pt 



LEASING OF INDIAN LANDS. 



IT 



^ Commissioner Jones. That is just the condition that exists in Stand- 
ing Kock and Cheyenne River Reservation. As to the Cheyenne River 
Keservation, I have statistics that were submitted to the office bv the 
agent showing that there are over 50,000 head of cattle now on the 
reservation illegally. 

Senator Pij^tt, of Connecticut. Do not take that up now. Let us 
get through with Standing Rock. 

Commissioner Jones. I will say, as far as that is concerned, that the 
Indians are better protected under the lease than when the land is open 
and everybody can go on the reservation and herd cattle. 

Senator Platt, of Connecticut. I wish to ask you some questions 
about that when you get through. 

Commissioner 'Jones (reading). "Under the lease the families 
referred to by the Indian Rights Association will have far more 
protection than they now have, and will be subject to far less interfer- 
ence than at present. One main object and purpose of the lease is to 
afford ]ust such families protection in the free enjoyment of their 
individual holdings. For many years the reservation "has been prac- 
tically stocked mainly by outside cattle, the owners paving nothing 
whatever for their grazing privileges and being responsible to no oni 
for any damage or injury they may inflict upon the individual Indians, 
iwo methods have been employed in stocking the range. First 
by trespassers, pure and simple. Ranches have teen established in 
the vicinity of the reservation with a view to the stock securing free 
grazing privileges thereon. The reservation never has been fenced, 
and certain more or less irresponsible parties have taken advantage ot 
this tact to secure tree grazing privileges. This office and the agency 
have found it practically impossible to prevent this kind of trespass 
Second, aige numbers of squaw men, half-breeds, and others have for 
years held large numbers of cattle on the reservation under the claim 
that the cattle belonged to their families, while as a matter of fact the 
cattle belonged to outside owners, who took this method of securing 
tree grazing privileges, for it must be understood that these squa# 
men and others paid nothing whatever for the pasturage of the cattle 
they claimed to own. 

"Leasing the lands to responsible parties will break up both of 
these abuses. The lessees are to fence the outboundaries of the o-raz- 
ing district and no family is to be permitted to secure free grazing 
privileges for more than 100 head. Not only this, but the lessed 
become responsible by giving a good and satisfactory bond, to be' 
approved by the Secretary of the Interior. 

"Respecting the quantity of land it is proposed to lease, the office 
has to state that a wrong computation was inserted in the advertisement 
ihe advertisement states that the portion of the reservation it is pro- 
posed to lease contains 2,10«,8S0 acres. It is now proposed to remove 
the eastern boundary of the leased district 6 miles further west than 
that stated in the advertisement; also, to cut out about three additional 
townships in the northeastern portion of the reservation. This reduces 
the area very materially. 

"In addition, it is found that the map of North Dakota from which 
the original computation was made (Land Office map of 1892) does not 
wrrectly show the location of the Cannon Ball River. Later data show 
the river to run considerably farther south than is shown on said map 
I his also reduces the area considerably. The area it is now proposed to 
S. Doc. 212 2 



18 



LEASING OF INDIAN LANDS. 



lease embraces onl\^ 1,229,760 acres. From this there is to be a deduc- 
tion of one township, to include the Bull Head substation and the 
mission adjacent thereto, in case it is found that the eastern boundary 
of the leased district as at present contemplated falls east of said sul> 
station and mission. This may result in still further reducing the area 
23,000 acres. It will also doubtless result in removing several families 
from the proposed leased district. 

" Respecting the objection niised by Mr. Gates that the cutting of 
posts for the fencing of the land from the reservation ' will sweep all 
the timber off the bottoms, leaving the Indians' land denuded, the 
office has to say that it is proposed to secure the posts not from the 
bottoms in the leased district, but from the heavily timbered lands 
along the Missouri River. The liidians will be employed to secure 
the posts and will be paid for their labor, and in case posts are pro- 
cured from the holdings of an individual Indian he will be paid for 
the timber; then these posts are to go into a fence which is to become 
the absolute property of the Indians at the end of the term. This 
office is assured that ^the Indians will regard it as a great privilege to 
furnish the timber for the posts under these conditions." 

I might add here that on further investigation we found that prob- 
ably it would be ill advised to let the Indians sell the posts, and we 
have inserted as one of the terms of the lease that the lessee is to fur- 
nish his own posts from entirely outside of the reservation. Person- 
ally I do not know what the situation there is as to the amount of 

timber. i t j- 

Senator Harris. The timber ought not to be cut on the Indian 

land. 

Commissioner Jones. That is true. Although the Indians have 
petitioned to be permitted to cut posts on their selections and to sell 
the posts to the lessees. 

The Chairman. It might make it veiy expensive if the posts had to 

be hauled a long distance. 
Commissioner Jones. They claim they can get posts there for 15 

oents a piece. 
The Chairman. That is cheap enough. 
Commissioner Jones. I will continue the reading: 
'' Mr. Gates also states that he is informed by residents of Dakota 
that more than 600 persons are settled in little homes on the por- 
tion of the reservation it is proposed to lease. It is thought that 
Mr. Grates is misinfoniied about the matter. The best information 
that this office has on the subject is that not to exceed 50 families or 
200 persons reside upon that portion of the reservation it is proposed 
to lease. The fear that the Indians ' will inevitably be driven from 
their homes and their little herds of cattle run off' is absoluely ground- 
less. It is not proposed to put a greater number of cattle on the 
leased district than have heretofore l^een gmzed there, or even as 

manv. , , i. n ^ i j 

''As has been said, for years the range has been fully stocked on a 
basis of free grazing, and at times overstocked. Under the leasing 
system it is proposed to limit the numl^er of head of stock that can be 
brought upon the range at anv one time, allowing 30 or 40 acres for 
each animal. This provision will be inserted in the leases and become 
one of the important factors. 

" Heretofore large numters of cattle have trespassed on the reserva- 



LEASING OF INDIAN LANDS. 



19 



tion, and other large numbers of outside stock have been held upon 
the resen-ation by squaw men and others under the pretense of own- 
ership, the actual owners paying these parties for holding the stock 
on the reservation. In this way the reservation has been stocked by 
irresponsible parties, who had no interest in protecting the rights of 
the Indians and were indifferent about overstocking the ranges ; they 
were f reebootei-s, whose only object was to secure the most they could 
and get away without molestation. 

" The leasing system will change all this. The outboundaries of the 
proposed grazing district will be fenced so as to prevent trespassing; 
the lessees will be limited as to the number of head of stock thej^ shall 
bring upon the reservation at any one time; it will be to their interest 
not to overstock the ranges, as they have a definite tenure in the lands, 
with possibly a hope of a renewal of their leases; the lease amplj^ pro- 
tects the individual Indians in their allotments and their homes, and 
any violation of its terms works a forfeiture thereof; the lessees, if 
not personally responsible for a faithful performance of every obliga- 
tion of the lease become responsible by giving a good bond with two 
or more acceptable sureties, to be approved bv the Secretary of the 
Interior. In short, it is only the substitution of a legal S3"stem, well 
planned and in good working order, for a system of freebooting. 

^*^The office also denies the allegation that the Indians are opposed 
to the leasing. The council proceedings, duly certified to by the 
United States Indian agent, shows that 771 adult male Indians of the 
reservation out of a total of 983 consented to the leasing and signed 
the tribal authority for this purpose. This is probably as nearly a 
unanimous consent as can ever be obtained in such cases. 

''The opposition, as understood by this office, does not come from 
the full-bloods, or even from an}^ considerable numbers of the mixed- 
bloods, but from the squaw men and the few mixed-bloods who have 
been paid by outside stock owners for holding their cattle on the res- 
ervation and who have grown rich in this way. By the leasing system 
all sums paid for pasturage become the common fund of all the Indians 
of the tribe; under the illegal sj^stem only a few squaw men and mixed- 
bloods were benefited bj^ the grazing of large numbers of cattle on 
the reservation. 

"The objections raised b}'^ the executive committee of Boston on 
Indian citizenship, it is thought, are answered above, no separate reply 
seeming necessary. 

''Summarizing, the office has shown that the law authorizes the 
leasing ; that the Indians are not opposed to it, but that a veiy large 
majority of the male adults are in favor of it and have signed the 
tribal authority to this effect; that it is not in conflict with treaty pro- 
visions with the Indians, but meets the approbation of a very large 
majority of them; that the ranges will not be overstocked; that only 
about fifty families reside in the proposed leased district whose rights 
will be fully protected; that it will not denude the reservation of tim- 
ber for the lessees to secure the posts for fencing; that all farms, 
gardens, and individual holdings of thelndians will be fully protected; 
that the mission near Bull Head substation is to be excluded from the 
leased district; that the proposed leased district will be fenced so as 
to prevent trespassing; and that the lessees become responsible by 
giving a good and sufficient bond conditioned upon the faithful per- 
Tormance of the terms of the leases. 



20 



LEASING OF INDIAN LANDS. 



''Copies of the letter of the Indian Ripfhts Association, the letter of 
Mr. Gates, and the letter and telegram of the executive (committee of 
Boston on Indian citizenship are inclosed herewith. 
"Very respectfully, your obedient sen ant, 

"W. A. Jones, Cmnmission&i\^'^ 

Senator Piatt, of Connecticut. I understand you in that letter to 
state that cattle are already on the land which it is proposed to lease? 

Commissioner Jones. Yes, sir. 

Senator Platt, of Connecticut. And in greater numbers than there 
will be when the lease is made? 

Commissioner Jones. Yes, sir; that is the information received at 
the office. 

Senator Platt, of Connecticut. And the Indians derive no benefit 
as a tribe from that grazing? 

Commissioner Jones. Not a cent. 

Senator Platt, of Connecticut. How^ much w ill the tribe get under 
the proposed lease? 

Commissioner Jones. It depends upon the exact acreage — from 
thirty-six to forty thousand dollars a year. 

Senator Platt, of Connecticut. All that is now paid is paid to cer- 
tain individuals? 

Commissioner Jones. To some individuals. 

Senator Platt, of Connecticut. To individual Indians? 

Commissioner Jones. To individual squaw^ men and h, few mixed 
bloods. 

Senator Platt, of Connecticut. And they put the mone}^ in their own 

pockets ? 

Commissioner Jones. Yes, sir. 

Senator Platt, of Connecticut. And the Indians as a tribe derive no 
benefit from it? 

Commissioner Jones. No, sir. 

The Chairivian. I understand that the families there will have a right 
to have a certain number of cattle. 

Commissioner Jones. Each familv will have a right to pasture 100 
head of cattle without paying anything. Even if they go above that 
they will pay what the lessee does — $1.20. 

Senator Jones, of Arkansas. One dollar and twenty cents what? 

Commissioner Jones. One dollar and twenty cents a head. 

The Chairman. There are fifty families. How many head apiece 
will be allowed ? 

Commissioner Jones. One hundred head — 5,000 head in all. 

Senator Platt, of Connecticut. I do not know much about the graz- 
ing business, but I suppose the cattle of the lessees and of the Indian 
families will all be branded and range together? 

Commissioner Jones. Yes, sir. 

Senator Platt, of Connecticut. And in the round-up they will be 

separated ? 

Commissioner Jones. All the Indian cattle have the I. D. brand on 
them and their individual brand besides. 

As to the number of families, we are informed by Inspector 
McLaughlin, who lives on the reservation, whose family live there, 
and who last fall visited the resen^ation and went over it, that there 
are not over fifty families. 



leasing of INDIAN LANDS. 



21 



The Chairman. If there are more than fifty families, they will all 
nave the same privilege? 

Commissioner Jones. Yes, sir. 

Senator Platt, of Connecticut. This Mr. McLaughlin is the Indian 
agent we have all heard of so often ^ 

Commissioner Jones. Yes, sir. 

Senator Platt, of Connecticut. From the oflSce standpoint it is an 
endeavor to substitute a legal lease for illegal occupation ? 

Commissioner Jones. That is it. 

Senator Platt, of Connecticut And to give the Indians as a tribe 
the benefit of it rather than to give individual Indians the benefit 
of it? 

Commissioner Jones. Yes, sir. 

Senator Jones, of Arkansas. My understanding from the Commis- 
sioner's statement was that perhaps a large part of this grazing is 
done now without compensation to the tribe. 

Commissioner eloNES. That is the fact. 

Senator Platt, of Connecticut. Some of it is done in that way and 
some of it is done by people who pay individuals. 

Commissioner Jones. Yes, sir. 

Senator Platt, of Connecticut. They pa}^ so much a head for the 
privilege of putting their cattle on the reservation. 

Commissioner Jones. Yes, sir. It is a fact that squaw men and 
the sharper mixed blood go down to Omaha and bring up thousands 
of cattle and charge the owners from a dollar to a dollar and a half a 
head for grazing. 

Senator Jones, of Arkansas. Tell me about the compensation. I 
thought it was to be by the acre. 

Commissioner Jones. It is by the acre, but it is 40 acres to the head, 
and at 3 cents per acre it will be $1.20 per head. 

Senator Clark, of Montana. One dollar and twenty cents a year? 

Commissioner Jones. Yes, sir. 

Senator Jones, of Arkansas. That is 3 cents an acre. 

Commissioner Jones. Yes, sir. 

Senator Gamble. Each family may have a hundred head? 

Commissioner Jones. Yes, sir; free. 

Senator Gamble. And the lessees will be obliged to take care of 
that number of cattle without compensation? 

Commissioner Jones. Yes, sir. 

Senator Gamble. Suppose a family has 200 head. Are the lessees 
compelled to take care ot the extra number? 

Commissioner eToNES. Any number of their own cattle that they may 
bring in. 

Senator Gamble. Of their own cattle? 

Commissioner Jones. Yes, sir. 

Senator Gamble. It is provided in the lease that they shall charge 
them only 11.20 a head? 

Commissioner Jones. Yes, sir. 

Senator Gamble. I notice in the bids 

Senator Harris. Senator Gamble, you do not understand the Com- 
missioner to mean that the lessees will charge these parties that sum, 
but these parties will have that right from tne Department. 

Commissioner Jones. That is it, and it is deducted 

Senator Platt, of Connecticut. If they have more than a hundred 



22 



LEASING OF INDIAN LANDS. 



cattle to the family, they wiU have to pay to the tribal fund $1.20 a 
head for each additional animal. 

Comniis-sioner Jones. That ii^ it, but we compel the lessees, by the 
terms of the lea^^. to permit them to graze any number of cattle 
owned bv them in good faith. 

The Chairman. Do the Indians cultivate any portion of this reser- 
vation i 

Commissioner Jones. I understand not. 

Senator Ql arles. It is all grazing land. 
' Senator Harris. Have you had applications for this territory from 

more than two lesvsees? 

Commissioner Jones. Yes, sir; bids were solicited, and anybody 

could bid. • , 

Senator Harris. Will the entire trac-t be leased to one or two large 
companies, or will the land be leased to a large number of people? 

Commissioner Jones. From the records of the office it appears that 
they have come to some agreement among themselves. The land was 
divided into two tracts, and those who have cattle near the reservation 
agreed among themselves to put in a certain number of cattle, divided 
proportionately on some basis. That is an understanding among the 
lessees. There is nothing in the lease which provides for that. 

Senator Harris. That is a matter for them to armnge? 

Commissioner Jones. Yes, sir. 

Senator Platt, of Connecticut. Have these Indians any funds at all 

now? 

Commissioner Jones. Very little. 

Senator Harris. Would it not be far better for one or two large 
companies to lease this territory than to have it divided up among a 

great many lessees? 

Commissioner Jones. Yes, sir; that is the view I take of it, and we 
have leased it to two parties. Of course they were the highest bid- 
ders. . 

Senator Platt, of Connecticut How many bidders were there i 

Commissioner Jones. Six. 

Senator Platt, of Connecticut Where were the bids opened? 

Commissioner Jones. Here in the office. 

Senator Gamble. How long did the advertisement run? 

Commissioner Jones. The notice was sent out on the 23d of Decem- 
ber and the bids were opened on the 10th of January. 

Senator Gamble. From the 23d of December to the li)th of Jan- 
uary? 

Commissioner Jones. Yes, sir. 

Senator Gamble. What advertisement was given ; what was your 
method of notification? 

Commissioner Jones. We advertised in the daily stock papers in 
Chicago and Kansas City and Omaha, and also by posters scattered 
around through the rese nation. 

Senator Gamble. Have the leases been executed already ? 

Commissioner Jones. They have not been approved. 

Senator Gambia. You i^y there are two leases? 

Commissioner Jones. Yes, sir, two. 

Senator Jones, of Arkam^as. How did the bids range? 

Commissioner Jones. I have here copies of the bids. They were 
very close together. The highest price was 3$ cents, but the bidder 



leasing of INDIAN LANDS. 



23 



insisted on having a right to grviZQ on the eastern portion of the reser- 
vation; that is, he claimed the right to drive his cattle to market over 
that portion of the reservation: and if that were done the result would 
be that he would graze his cattle for a month or two on the reservar 
tion in the process of driving. We objected to that. 
Senator Harris. He would herd them over there I 
Commissioner Jones. Yes, sir. 

The Chairman. There is no Indian agent residing in that portion of 
the reservation ? 

Commissioner Jones. In what portion? 
The Chairman. In the portion pro|X)sed to be leased? 
Commissioner Jones. We have farmers there. 
The Chairman. Have they some little farms? 
Commissioner Jon es. These farmers f 
The Chairman. Yes, sir. 
Commissioner Jones. No. 

The Chairman. Is anything being accomplished in that region im 
the way of small farming! 

Commissioner Jones. Some of the Indians have garden patches and 

small cultivated tracts on the water course;s. but to a very small extent. 

The Chairman. Have you made any provision to protect them? 

When cattle roam, farmers need special protection, according to my 

observation. 

Commissioner Jones. The only protection that we have provided is 
that the lessees are liable for any damage that may be committed. 

Senator Platt, of Connecticut. Have you Mr. McLaughlin's state- 
ment there? 

Commissioner Jones. Yes, sir. 

Senator Platt, of Connecticut. The papers you have there were 
prepared to be sent to the Senate? 
Commissioner Jones. Yes. sir. 
Senator Platt, of Connecticut. In answer to the resolution of the 

Senate ? 

Commissioner Jones. Yes, sir; these are copies of the papers. 

Senator Platt, of Connecticut. Then you can leave all these papers 
here and they can be published with this hearing, if necessary ? 

Commissioner Jones. If vou want them. 

Senator Jones, of Arkansas. I received this telegram day before 

yesterday: 

'^Fort Yates, N. Dak., Janiuiry iJ, 100^. 
''Senator Jones, Washington^ D. C: 

''Four hundred families residing within boundary of proposed lease 
oppose leasing to svndicate. Indians on reser\ ation unanimously pro- 
test. Our farms will be overrun and tramped upon. Our efforts at 
home building and farming will be wasted. We ask you to investigate- 
Indians desire personal hearing. We are fidl-blood chiefs. 

"Thunder Hawk, Walking Shooter^ and Weasle Bear." 

Commissioner Jones. I will say that there has not been a word in 
the shape of a protest from the Indians of Standing Rock against this 
leasing. The only protest received was from the Indian Rights Asso- 
ciation and an association in Boston and a few individuals. 



24 



LEASING OF INDIAN LANDS. 



LEASING OF INDIAN LANDS. 



25 



The Chairman. Do the Indians who signed the telegmm which Sen- 
ator Jones, of Arkansas, has read live on the reservation^ 

Commissioner Jones. I do not know. I will read Mr. McLaughlin's 
fetter. He is probably better informed on the situation than anyone 
else. 

The Chairman. Let us hear that. 

Commissioner Jones. It is dated January 13 and is addressed to 
tiie Secretarv of the Interior: 

'^ Department of the Interior, 

'^Office of Indian Affairs, 
'^ WasJiinqtort^ January 13 , 1902. 

•'The Secretary of the Interior. 

'*Sir: Replying tx) your verbal request of this date for information 
regarding the leasing of a portion of the Standing Rock Reservation 
in North and South Dakota, I have the honor to submit the following: 

^'I was agent at Standing Rock Agencj^ from September 1, 1881, to 
March 31, 1895, and am therefore thoroughly acquainted with the 
resources of that reservation. 

"I regard the Standing Rock Reservation as containing the best 
virgin range of anj^ tract of similar area in the Northwest, it never 
having been closely grazed bj^ stock nor the i-ange exhausted. 

''The stock owned by the Indians of Standing Rock Reservation 
(horses and cattle) will not exceed 25,000, and, in my opinion, consid- 
ei'ably less than that number." 

As I stated before, nearly all the Indians are outside of the leased 
portion. 

''The reserv^ation is capable of maintaining 100,000 head without 
impairing the iTinge or exhausting it. 

" I have examined the map upon which are lines indicating the por- 
tions contemplated to be leased, and from the best of my judgment I 
do not believe there will be to exceed 50 families within the proposed 
leased area. 

" I was upon the Standing Rock Reservation, on leave of absence, 
several days during the month of October last, during which time a 
number of Indians called upon me and discussed the question of leas- 
ing the reservation for grazing purposes, the majority of whom 
expressed themselves as opposed to having cattle brought in under the 
leasing permit at $1 per head, they claiming that it would be impos- 
sible to keep an exact count of the number of ca.ttle occupying the 
reservation, but all expressed a willingness to lease the western por- 
tion of the reservation at a certain price per acre " 

By way of explanation I will state that the permit system was one 
that we tried to inaugurate, and did inaugurate in the Rosebud Reser- 
vation, because the Indians refused to lease, and we simply pennitted 
people, at a dollar a head, to gi-aze a certain number of cattle there. 
The Indians of Standing Rock refused to accept that proposition, but, 
as Major McLaughlin says, were in favor of leasing. 

"If a fence were constructefl along the western side to prevent 
the herds from overrunning the settlements, which are chiefly along 
the Missouri River and the lower portions of the Cannon Ball and 
Gmnd rivers, which emptj^ into the said Missouri River. 

" I desire to state further that I have always regarded it a pity to 
see tde large quantities of gmss that goes to waste every year upon the 



^^ 



Standing Rock Reservation, either by rotting on the ground or burn- 
ing up by prairie tires, which would maintain large numbers of cattle, 
from which the Indians might derive considerable of annual revenue; 
and, in my judgment, it is in the interest* of the Indians that the west- 
ern portion of the reservation, as indicated by the lines referred toon 
said map, should Ije leased, from which the Indians will receive a cer- 
tain annual rental, and which will be of great benetit to them. 
"Very respectfully, 3'our obedient servant, 

"James McLaughun, 
J"^ United States Indian Inspector ^ 

Senator Platt, of Connecticut. You sa}' Mr. McLaughlin's famih' 
lives there ? 

Commissioner Jones. No, sir; but his family live^ on the reserva- 
tion. 

Senator Rawlins. I understand that the publication of the notice 
began about the 20th of Deeemterf 

Commissioner Jones. The 23d. 

Senator Rawlins. The 23d of December? 

Commissioner Jones. Yes, sir. 

Senator Rawtjns. And then, of course, the bids have come in since 
that day ? 

Commissioner Jones. Yes, sir; the bids were opened January 10. 

Senator Rawxins. The bids were opened January 10? 

Commissioner Jones. Yes* sir. 

Senator Rawxins. And 3'ou saj' t^ince they were opened there has 
been no protest? 

Commissioner Jones. No, sir. 

Senator Rawlins. What opportunity has been afforded to people 
on the reservation and in its vicinity to enter protest? 

Commissioner Jones. I do not know. They know that bids had 
been solicited. 

Senator Rawlins. It seems to me that that is not to be held against 
them if they had no notice. 

Commissioner Jones. Whom do you mean? 

Senator Rawlins. I mean the people who signed the telegram. 

Senator Jones, of Arkansas. The Indians? 

Senator Rawlins. The Indians. 

Senator Jones, of Arkansas. It is pretty short notice to have the 
advertisement begin on the 23d of DecemWr and the bids opened on 
the 10th of January. 

Senator Platt, of Connecticut. But three-fourths of the Indians 
over 18 vears of age had asked to have the land leased ? 

Comniissioner Jones. Yes, sir; their petition is here. They w 
given an opportunitv to file a protest or to refuse their consent. 

Senator Jones, of Arkansas. Right here, in the same line, I will 
say to the committee and the Commuisioner that I have a letter from 
Bishop Hare written to Mr. Brosius 

Commissioner Jones. A copy of that is here [indicating], and it will 
be published in the proceedings. 

The Chairman. I should like to hear it read. 

Senator Jones, of Arkansas. It is dated January 11, 1902, and after 
the first line or two, stating that he has been very busy, etc., the letter 
proceeds: 



ere 



26 



LEASING OF INDIAN LANDS. 



''I have information from Standing Rock, which I think of the high- 
est credibility, that the Standing Rock Indians, finding that cattle- 
men were bent on secm'ing a lease of their reserve for grazing pur- 
poses, drew up last fall a contract in blank and sent it to the Commis- 
sioner of Indian Affairs through their agent. This contract read as 
follows: 

^' We, the undersigned, Indians of Standing Rock Reservation, N. 
Dak., over 18 years of age, hereby consent to the leasing for a period 
not to exceed five years, for the purpose of grazing cattle thereon, at 
a rate of not less than $1 per head per annum for each and every head 
of cattle so introduced and grazed upon said reservation — the unoccu- 
pied portion of said Standing Rock Reservation, the consent hereby 
given to be subject in each and every instance to the following condi- 
tions: 

'"The tract of land assigned under each permit, contract, or lease 
must be properlj^ fenced, the cost of such fencing to be paid from the 
rental which may be due for the first year. At the expiration of such 
permit, contract, or lease said fencing shall be and remain the prop- 
erty of the Indians of this reservation, and during the term that cattle 
are so held upon this reservation such fences must be kept in a proper 
state of repair at the expense of the owner of the stock. 

''All persons so introducing and grazing stock will be required to 
exercise al possible care and diligence to prevent depredations by 
their cattle upon the leaseholds of the other stockmen or upon lands 
occupied by Indians of this reservation ; and in the event of the 
appearance of any contagious disease among their herds eveiy possi- 
ble step must be taken to prevent the spread of and to stamp out such 
disease. 

"The plan proposed b}^ the Commissioner of Indian Affairs under 
date of December 23, 1901, is in very important respects different 
from this proposal of the Indians. It is very unsatisfactoiy to the 
Indians and seems to have been decided upon, they think, without 
considering their best welfare. Indeed, at a council they voted 
against the plan and insisted that their own proposal should be 
accepted by tne Commissioner. 

"The council, however, were willing to accept this amendment to 
the proposal which they had sent the Commissioner, namely, 'That 
said contract should extend from the northwest corner of the reserve 
directly south to the southern boundary, thence directly eastward 25 
miles, thence due north, allowing for a tract about 25 miles wide.' 
This suggestion was unanimously accepted. 

"This letter may lack distinctness in some points because I have 
largely kept to the very language of my informant. 
"Yours, very truly, 

"W. H. Hare.^' 

Commissioner Jones. There has never been anything of that kind 
filed in the oflice. It is the first I have heard. There is no intima- 
tion in the office that there was any council held or any request made 
other than the one to lease. 

The Chairman. How would that boundary compare with the bound- 
ary you have ? 

Commissioner Jones. I do not know. I have not kept track of that. 

Senator cJones, of Arkansas. I had the impression that there were 
some people among the Indians who were dissatisfied, and I have an 



leasing of INDIAN LANDS. 



27 



idea, from different things that come to me in a confused sort of way, 
that much of it comes from a misunderstanding between the Commis- 
sioner and the Indians. 1 have an idea that they construed the adver- 
tisement of December 23 in a way different from what it would justify, 
and that they understood it to mean a different state of things from 
what it does mean. 

There is clearly this difference between what I have just read from 
Bishop Hare and' the Commissioner's statement, that the Indians con- 
templated making leases to individuals of small tracts of country, to 
be fenced in separately, and that the fencing was to be paid from the 
proceeds of the lease. "^ This proposition is that the lessees shall pay 
for the fencing. In that respect the Commissioner's proposition is 
better for the Indians. 

Senator Harris. The Indians propose to lease by the head and the 
other is by the acre. Leasing by the head is much worse than leasing 
by the acre. 

Senator QuARLES. You can not follow the cattle; you can not trace 
them; you can not tell how man\^ there are. 

Commissioner Jones. The agent said he could not keep track of 
them. I will state that where the lease differs from the council pro- 
ceedings all the changes are in favor of the Indians. 

Senator Gamble. The lessees pay so much an acre, and in addition 
to that do they pay the expense of the fences ? 
Commissioner Jones. Yes, sir. 

Senator Gamble. Or is the cost of the fence deducted from the 
amount to be paid? 

Senator Jones. No, sir. The fence is to be built by the lessee, and 
the cost is not to be deducted from the rental, and it reverts to the 
Indians at the end of the lease. 

Senator Platt, of Connecticat. Here is a copy of the agreement 
signed bv the Indians. I will read it; it is short. 

*' We,'^the undersigned, Indians of Standing Kock Reservation, N. 
Dak., over 18 years of age, hereby consent to the leasing, for a 
period not to exceed five vears, for the purpose of grazing cattle 
thereon, at a rate of not less than $1 per head per annum for each 
and every head of cattle so introduced and grazed upon said reserva- 
tion, the\inoccupied i)ortions of said Standing Rock Reservation, the 
consent hereby given to be subject in each and every instance to the 

following conditions: 

'' The tract of land assigned under each permit, contract, or lease 
must be properly fenced, the cost of such fencing to be paid from the 
rental which mav be due for the first year." 

Commissioner' Jones. The last proposition is not in the lease. 

Senator Jones, of Arkansas. That is the proposition I read from 

BishoD Hare's letter. 

Senator Platt, of Connecticut. The agreement continues: 

''At the expiration of such permit, contract, or lease said fencing 

shall be and remain the proj^ertv of the Indians of this reservation, 

and during the tenii that cattle are so held upon this reservation such 

fences must be kept in a proper state of repair at the expense of the 

owner of the stock. , -n i • j i. 

"All persons so introducing and grazing stock will be required to 
exercise all possible care and diligence to prevent depredation by their 
cattle upon the leaseholds of other stockmen, or upon lands occupied 



28 



LEASING OF INDIAN LANDS. 



LEASING OF INDIAN LANDS. 



29 



by Indians of this reservation; and in the event of the appearance of 
any contagious diseases among their herds, every possible step must 
be' taken to prevent the spread of and to stamp out such disease." 

That is what Bishop Hare says they consented to. 

Senator Jones, of Arkansas. Yes, sir. 

Senator Platt, of Connecticut. In what particular, if any, does the 
lease depart from their consent? 

Senator Jones, of Arkansas. The lease limits it to the western part 
of the reservation instead of leasing all of the unoccupied part of the 
reservation. These people proposed that the tracts should be leased 
to different parties and the Indians should pay for the fencing, and 
this proposition is that they shall lease it altogether and the outside 
people, the lessees, shall pay for the fencing. Manifestly it is a better 
proposition for the Indians. 

Senator Platt, of Connecticut. You get that rate, except you get it 
bj^ the acre. 

Senator Quarles. They get more. 

Commissioner Jones. They get $1.20 instead of $1. 

Senator Harris. Whether the lessees put the cattle there or not, 
the}" have to pay the rent. 

Commissioner Jones. But thej^ can not put more than a certain 
number of head on a certain tract. 

Senator Platt, of Connecticut. This is an agreement that the unoc- 
cupied portions may be leased. 

Senator Jones, of Arkansas.' It covers all, except what is occupied 
by the Indians. 

Senator Clark, of Montana. How are you to ascertain when they 
put more than so many head on a given tract. Overcrowding the 
range would be detrimental to the land. How will you regulate it so 
that the land will not be overcrowded, which regulation will be in the 
interest of the Indians ? 

Commissioner Jones. The only way is to have the farmers in charge 
of those districts see that they do not overstock. 

Senator Jones, of Arkansas. They will know the number of cattle 
that can legitimately be grazed there. 

Senator Gamble. Of couse we in our State are interested in this 
matter, because a large number of these reservations are in the State 
of South Dakota. We want what is best for the Indians. The objec- 
tion that strikes me is this: Perhaps leasing in such large tracts would 
not interfere with Indians, but we have citizens there adjoining these 
reservations who are engaged in the stock business. They are small 
cattle owners, men not of large means, who would be able to go in 
and lease not such large tracts as these, but smaller tracts. It occurs 
to us that, although leasing it in such large tracts may be more advan- 
tageous to the Indians to a certain extent, yet it would be a hardship 
to the local people there who are engaged in the cattle business to 
absolutely monopolize it and put it in the hands of one or two or three 
large corporations to control the whole grazing. Would it not be 
better — I simply make this suggestion 

Commissioner Jones. I understand. 

Senator Gamble. Would it not be better to lessen the size of the 
tracts; not to make such large leases? 

Senator Quarles. Is there not this thing to be thought of in con- 
nection with j^our suggestion ? Will not the diflScultj^ of the Indian 









Office be increased in geometric ratio if you increase the numter of 
fellows who are going to turn cattle in there? Will there not be fric- 
tion and difficulty with these people and among themselves ? 

Senator Gamble. I admit that, so far as concerns the convenience 
of the Indians and the convenience of the office, to lease it to one 
large corporation would be more convenient and perhaps less difficult; 
but I am speaking locally for the citizenship there who are interested. 

Commissioner Jones. Let me 

Senator Gamble. Just a suggestion. The complaint came to me 
that there was an inadequacy of time to the people even in the Stand- 
ing Rock Reservation; that they did not hear of this until the 2d of 
January, and there was not time for the cattle owners to do anything 
to get "^together and submit any bids and get them down here by the 
10th of January: that there was too little time, as it would take five 
or six days for the bids to reach here. 

Senator Jones, of Arkansas. Is 3 cents an acre an adequate price 
for the land for grazing purposes i 

Commissioner Jokes. I do not know anything about it. 

Senator Gambij5. Down in the better part of the State, taking the 
noilhern part of the State, the school lands, the State lands, have been 

leased for 10 cents. . 

Senator Jones, of Arkansas. I am talking about what is a fan- 
rental for lands up in that country; whether 3 cents is a fair rental. 
It is easy enough for us to understand that if a cattleman has gone 
and settled close to the line of that reservation for the purpose of 
grazing his cattle on the reservation without paying anybody for the 
right, he would l>e opposed to having fences put up to keep out his 
cattle. He would be opposed to paying in order to graze his cattle on 
the land that he expected to get for nothing, and that he calculated he 
would get for nothing when he went there. That sort of hardship 
would natui-allv come to that sort of a citizen, and a fanner in that 
neio-hborhood who had been expecting to do that will suffer by hav- 
ing'' the land set apart for the lienetit of the Indians. I think the 
interest of the Indians ought to be considered in this matter. And if 
vou undertake to lease this land in small tracts, the result is going to 
be in my judgment, that men will go here and there and get the best 
land; they will take at 3 cents land worth 6 or 8 or 10, perhaps, and 
the other part of the land— the remainder— will not be leased at all, 

because nobody will take it. , , , i? .i u i 

Senator Harris. If a practical cattleman had a lease of the whole 

thing or represented a large company, he would permit the neighbors 

living around the resei-\'ation to put the cattle in at a reasonable charge. 

Senator Jones, of Arkan.<as. I have no doubt of it. 

Senator Harris. Simply Ijecause he is obliged to have the good will 

of those men. . . 

Senator Jones, of Arkansas. That is it. 
Commissioner Jones. There is amongst these papers a statement to 

that effect. ^. . , . -^ i 

Senator Jones, of Arkansas. That is as plain as it can be. 
Senator Gamble. But the time for the opemng of the bids might 

have been more extended, so that the local people might have gotten 

together. . 

Senator Harris. Thev might have organized a company. 

Senator Gamble. They might have organized a company and pro- 
tec ted themselves in that way. 



30 



LEASING OF INDIAN LANDS. 



Senator Platt, of Connecticut. Do you think they would have 
organized a company and would have paid more than 3 cents and a 
fraction an acre? 

Senator Gamble. This is a sort of general discussion 

The Chairman. We will not have time to pursue it further to-day. 
I was going to suggest that the time is nearly up, and that we had 
better postpone this matter until next week. Everybody will then be 
prepared to state what he thinks ought to be done. I do not think we 
ougnt to act hastily upon it. I should like to inquire of the Commis- 
sioner whether there are any pending leases now outside of the Uintah 
and this reservation? 

Commissioner Jones. Grazing leases? There are on the Che\^enne 
River. 

Senator Gamble. That is the reservation immediately south. I 
think it is to be opened on the 21st. Congressman Burke, who repre- 
sents those people, is here — 

The Chairman. There is no time to hear him this morning. 

Senator Gamble. He lives in the neighborhood and knows the con- 
ditions as well as anybody, and when it is considered I should like to 
have him heard. 

The Chairman. We can hear him next week. 

Senator Gamble. Yes, sir; I should be glad to have him heard. 

Senator Platt, of Connecticut. Are all those papers which you 
have, Mr. Commissioner, to be sent to the Senate and printed? 

Commissioner Jones. Yes, sir. 

Senator Platt, of Connecticut. We will get the whole thing, then. 

The Chairman. While we are on the subject of leases we want to 
go over the whole subject. 

Senator Harris. Is it not possible to dispose of the surplus lands 
in the way mentioned in respect to the Uintah Reservation? Why 
adopt the cumbrous system of leasing something that belongs to the 
Indians? Why not let the Indians dispose of their surplus land and 
let the proceeds be put in the Treasury for their benefit? 

Commissioner eToNES. This does not interfere with that. There is 
a term in the lease 

Senator Harris. Anj^ action of this kind, leasing the lands to or 
the permanent occupation of lands b}^ others, retards and practicall}^ 
prevents the other condition from taking effect. 

Commissioner Jones. That is a very serious objection. 

Senator Quarles. There is this about that: We have a very serious 
responsibility resting upon us regarding the welfare of the Sioux 
Indians. Their development, as I believe, is going to come through 
the possession of that very grazing land. They are now getting stock 
of their own, and I believe in a little while we can furnish them more 
stock, and they will work out their own salvation through the fact of 
having that grazing land. If we take it away from them we will 
make paupers of them. 

Senator Harris. You do not have to take it away from them. In 
the case of the Kiowa and Comanche lands we leased to the Indians a 
certain proportion of grazing land and agricultural land, which enables 
them not only to farm but to have grazing land. 

Senator Jones, of Arkansas. But in this case there are more than a 
million acres reserved not contemplated to be leased, the land nearest 
to the Indians, and there is plenty of room for all the grazing they 
want to do. 



leasing of INDIAN LANDS. 



31 



The Chairman. Have you ever tried the experiment of leasmg land 
to the Indians themselves, so that all would be equally interested? 
Are thev responsible enough to take leases themselves i 

Commissioner Jones. Thev have no stock to occuny this land. 

Senator Jones, of Arkansas. Is there not a good deal of this reser- 
vation not included in the proposed lease ? 

Commissioner Jones. Yes, sir. 

Senator Jones, of Arkansas. So that if there are any Indians who 
want to graze cattle, there will be plenty of room for them to do soi 

Commissioner Jones. Yes, sir. 

Senator Clark, of Montana. When are the bids to be opened in 
regard to the other reservation i 

Commissioner Jones. On the 21st. 

Senator Clark, of Montana. Of this month? 

Commissioner Jones. Yes, sir. 

The Chairman. We will take up this matter again next week. 

Commissioner Jones. I wish to say just one word for your infor- 
mation in regard to the development of that country. Thebioux 
Nation, when they surrendered their land, ceded to the United States 
about 9.000,000 acres of land surrounding these reservations. It is 
the white portion vou see on the map. According to the last report 
received from the^ General Land Office only 87,000 acres had been 
sold out of the 9,000,000. It is still public land. So you see there is 
no ereat demand for throwing open this reservation. Personally I 
believe in throwing them open, but I say there is no such present 
demand in connection with the development of that State, because there 
are 9,000,000 acres adjoining and surrounding the reservation unoc- 

The Chairman. We will resume this hearing next Thursday. 
Thereupon (at 12 o'clock m.) the committee adjourned until Thurs- 
day, January 23, 1902, at 10 o'clock a. m. 




Washington, D. C, January 23^ 1902. 

The committee met at 10 o'clock a. m. ^. ^ r^ i 

Present: Senators Stewart (chairman), Tlatt, of Connecticut, Quarles, 

McCumber, Bard, Clapp, Gamble, Jones, of Arkansas, Rawlms, Hams, 

Dubois, and Clark, of Montana. 



STATEMENT OF WILLIAM A. JONES. 

Hon. William A. Jones, Commissioner of Indian Affairs, appeared 

before the committee. „ xt ^ • • ^^ 

The Chairman. I tliink we had better allow the Commissioner of 
Indian Affairs to conclude his statement. Since you made your pre- 
vious statement, Mr. Commissioner, we have received a report from the 
Interior Department in answer to the general resolution, which asked 



4 



32 



LEASING OF INDIAN LANDS. 



the Secretary of the Interior to send to the Senate what information 
ne naa in regard to the leases com tempi ated, etc., which is as follows: 

Department of the Interior, 

Washington, January 21, 1902. 
SiB: I have the honor to acknowledge the receipt of the following 
resolution of the Senate, dated the 7th instant : 

miltrillyul^^^ ^^^'^' ^^' >'^^ quantities of Indian reservations for 

mining, grazing, and other purposes are m contemplation: Therefore, 

«„fh7ia'ff ' ^^-^ *^® Secretary of the Interior be directed to inform the Senate if 
such leases are in contemplation and the reasons therefor. oou<*Le n 

i«fi? psponse thereto I transmit herewith a copy of a report of the 
ibin instant, from the Commissioner of Indian Affairs, embodvinff the 
ieSlXin "' ^^ ^ ^^^ ^^ *^^ records of his office, as called for by said 

Some of the proposed leases referred to by the Commissioner have 
been forwarded to the Department for consideration, but no decision 
has yet been reached regarding the disposition of the same. 
Very respectfully, 

E. A. Hitchcock, 

Secretary. 
Ihe President pro tempore United States Senate. 



LEASING of INDIAN LANDS. 



Department of the Interior, 

Office of Indian Affairs, 

Washington, January 16, 1902. 

Sir : The office has the honor to acknowledge the receipt, bv Depart- 
ment reference of the 9th instant, for consideration and early report 
of a resolution of the Senate, dated the 7th instant, directing you to 
inlorm that body whether it is contemplated to lease large bodies of 
indiau-reservation lands for mining, grazing, and other purposes, and 
It such leases are contemplated, the reasons therefor. 

Keporting upon tLc resolution, the office has to say that it is contem- 
plated to lease certain Indian-reservation lands for mining and ffrazine^ 
purposes, as mentioned herein. « & & s 

Kespecting the reasons therefor, the office states that such action is 
authorized by Congress (act of February 28, 1891, 26 Stats., 794), and 
the leasing of such lands has been deemed wise and expedient. Section 
o 01 said act provides : 

That where lands are occupied hy Indians who have hought and paid for the same, 
and which lands are not needed for farming or agricultural purposes, and are not 
desired for individual allotments, the same may be leased, by authority of the council 
speaking for such Indians, for a period not to exceed five years for grazing or ten 
years for mining purposes, in such quantities and upon such terms ancTconditions as 
tE: ll^li:.;\^^^^^^ "^y recommend, subject to the approval of 

It is fair to assume that in the passage of the act Congress had in 
view the best interests of the Indians as well as the people at larcre 
The act seems to be in entire harmony with the uniform policy of Con- 
gress to encourage the development and utilization of all our general 
resources. For the past ten years this Department has been engaged 
in leasing Indian reservation lands to a more or less extent for mining 
and grazing purposes, under the provisions of the above act, for the 
beneflt of the Indians occupying the respective reservations, with 
beneficial results. Almost without exception the revenues derived 



33 



from this source have been very helpful to the Indians. In view of 
said act of Congress it would seem to be a very unwise policy to let 
the annual growth of grass on the various Indian reservations go to 
waste, while the Indians needed the money that could be derived from 
this source in the maintenauce of their families and in starting them 
i^^^J^ lu ^^^^^. ^^^ s^lfs^PPort. Without exception this office ha8 found 
that the leasing of Indian lands has proven beneficial both to the 
Indians as well as to the lessees. Very large revenues have been 
derived from this source on some of the reservations in the Southwest. 
Ihe question of leasing the following Indian reservation lands for 
the respective purposes stated is under consideration, viz: 

1. One mineral lease for the mining of mineral oil, coal, and other 
minerals for the period of ten years from and after the date of the 
approval thereof, by the Secretary ot the Interior, covering certain 
lands on the Uintah Reservation, Utah, described as follows: 

Beginning at the intersection of longitude one hundred and ten (110) deirrees 
mteen (Id) minutes west and latitude forty (40) degrees twenty-six (26) miuutee 
twenty (20) seconds north; thence north along longitude one hundred and ten (110) 
degrees htteen (lo) minutes to the intersection of latitude forty (40) decree** forty- 
hve (4d) minutes; thence west aloug latitude forty (40) degrees forty-five (45> min- 
utes to the intersection of the northwestern line of th»' Lintah Reservation : thence 
along the western line of the Uintah Reservation to Mount Baldy: thence aioni: the 
^/f ^Ff^ V''V'^.^^?.n'''I*'^ Reservation in a southerly direction to the intersection 
ot latitude lorty (40) degrees twenty-six (26) minutes and twenty (20) seconds: 
thence east to the intersection of longitude one hundred and ten (llO)deirrees fifteen 
(lo) minutes to tlie place of begiuninur, to be selected by the said party of the first 
part as soon as practicable after the approval of this lekse by the .Secretary of the 
Interior, etc. (640 acres). ' ^ 

2. The western portion of the Standing Eock Reservation in the 
IJakotas, for grazing purposes, described as follows: 

Commencing at the southwest corner of the reservation, running thence east on 
the boundary line between the Standing Rock and Cheyenne River Reservation to 
the range line between ranges 25 and 26; thence due north on said range Hne to the 
north boundary of South Dak ;>ta; thence due north to the township line between 
townships 130 and 131 in North Dakota; thence due west on said township line to 
tne Cannon Ball (or Cedar) River; thence southwesterlv along said river to the 
western boundary of the reservation ; thence south along the west bonndary of the 
reservation to the place of beginning, embracing an estimated area of 1,259,280 acres. 

3. The western portion of the Cheyenne Eiver Reservation, S. Dak., 
tor grazing purposes, as follows : 

That portion of the reservation lying west of range line between ranges 24 and ^. 
which said portion has been divided into four ranges of nearly equal areas. 
District No. 1, to contain an estimated area of 291,840 acres. 
District No. 2, to contain an estimated area of 368,640 acres! 
District No. 3, to contain an estimated area of 368,640 acres. 
District No. 4, to contain all available grazing lands of 368,640 acres. 

4. The surplus grazing lands on the Kaw Reservation, Okla., for 
grazing purposes. For convenience these lands have heretofore been 
divided into 14 pastures. It is proposed to lease all except pasture Xo. 
13, which has been reserved for the common use of the tribe, leaving 
an estimated area in the remaining pastures of 71,;^()3 acres. 

5. Osage Reservation, Okla. It is i)roposed to lease some 8 or 10 of 
the unleased pastures on said reservation for grazing purposes, siiid 
pastures containing an area of between 40,000 and (;o,000 acre«. 

6. Reserved lands of the Kiowa, Comanche, and Apache Indians. 
It 18 proposed to lease about 400,000 out of the 480,000 acres of pasture 
lands reserved for the common use of said Indians. 

7. Otoe and Missouria Reservation, Okla. It is proposed to lease 
about 3,721 acres of the unleased tribal lands of said reservation for 
grazing purposes. 

S. Doc. 212 3 



34 



LEASING OF INDIAN LANDS. 



These constitute all of the Indian reservation lands it is now pro- 
posed to lease. 

Said resolution of the Senate is returned herewith. Copy of this 
report also inclosed. 

Very respectfully, your obedient servant, 

W. A. Jones, Commissioner. 

The Secretary of the Interior. 

Now you have in this document only one mining lease said to be 
contemplated. 

Commissioner Jones. Yes, sir. 

The Chairman. The boundaries are a little vague. On page 2 of 

the document 

Senator Quarles. Which document is that? 

Senator McCumber. What is its number? 

The Chairman. It is No. 135. The description of the lease is a little 
indefinite. I read from the report: 

"One mineral lease for the mining of mineral oil, coal, and other 
minerals for the period of ten years from and after the date of the 
approval thereof by the Secretary of the Interior, covering certain 
lands on the Uintah Reservation, Utah, described at follows." 

Senator Quarles. Is that the Florence Mining Company lease? 

Commissioner Jones. Yes, sir. 

The Chairman. Does this refer to the lease or to the reservation in 
which the lease is located? 

Commissioner Jones. That refers to the terms of the lease, the 
boundary proposed to be covered and is covered by the lease. 

The Chairman. Then the lease covers all this boundary? 

Commissioner JoNiis. No, sir. 

The Chairman. Will you please pull down the map and tell us where 
it is and what is meant by it! It says, "beginning at the intersection 
of longitude one hundred and ten (110) degrees fifteen (15) minutes 
west, and latitude forty (40) degrees twenty-six (26) minutes twenty 
(20) seconds." 

Commissioner Jones (examining map). I can not tell you exactly. 

The Chairman. Tell us approximately. 

Commissioner Jones. It is the northern portion of the reservation, 
in the mountains, but that does not give them the right to occupy all 
of that land. The lease states that they are to have 640 acres of land, 
but they have two years in which to locate the 640 acres. 

The Chairman. The terms of the lease are not sufficiently set out 
here to determine what the boundaries are. 

Commissioner Jones. There ought to be a copy of the lease accom- 
panying the document. 

The Chairman. There is no copy of the lease here. 

Commissioner Jones. There ought to be a copy of the lease there. 

The Chairman. That is what we expected. You have in parentheses, 
" (640 acres)." I do not know what that means. 

Commissioner Jones. That is the amount of land they are entitled to. 

The Chairman. That is the amount of land? 

Commissioner Jones. Yes, sir; that is all they are entitled to. 

The Chairman. Can you furnish us with a copy of the lease? 

Commissioner Jones. I thought the Secretary had furnished you a 
copy. I sent over the papers to the Secretary complete and requested 
him to send them to the Senate. 

The Chairman. I should like to have a copy of the lease. 

Commissioner Jones. It will be supplied to the Senate, and I hope 
it will be published. 



leasing of INDIAN LANDS. 



85 



The Chairman. The lease is not now before the Senate J 

Conmiissioner Jones. It was sent up yesterday, or it ought to have 
been. There is another batch, containing a copy of the lease and the 
incorporation papers of the Florence Mining Company and all the 
correspondence connected with it. 

The Chairman. Those are in another batch of papers? 

Commissioner Jones. Yes, sir. 

The Chairman. I will be glad if you will furnish us a copy of the 

lease ? 
Commissioner Jones. I will do so. 
The lease referred to is as follows : 



mining lease. 

This indenture of lease in triplicate, made and entered into thisl6th 
day of November, A. D. 1901, by and between the Uintah and White 
River Ute tribes of Indians (subject to the approval of the Secretary 
of the Interior), occupying and residing upon the Uintah Indian Reser- 
vation, in the State of Utah, party of the first part, and the Florence 
Mining Company, a corporation of the State of New Jersey, party of 

the second part : ,,,..11^ 

Whereas said tribes of Indians have bought and paid for lands and 

are now occupying and residing upon the Uintah Indian Reservation, 

in the State of Utah, and 

Whereas the lands hereinafter described are in part rough, moun- 
tainous lands presumed to contain mineral oil, coal and other minerals, 
and are not needed by said tribes for farming or agricultural purposes, 
and are not desired for individual allotments, and the said tribes desire 
to secure an income therefrom in the way of royalties for mineral oil, 
coal, and other minerals to be mined therefrom by the party ot the 

second part, and , , .1 

Whereas the said Indian tribes are authorized under the provisions 
of the third section of the act of Congress of February 28, 1891 (2b 
Stats, at Large, page 795), and as amended by act of Congress August 
15, 1894, to lease for mining purposes for the period herein named; and 
this lea^e is made by authority of the principal chiefs and council 
speaking for said Indians, pursuant to a resolution of Indians in 
council, minutes of which are hereto attached and made a part of this 
aOTeement; and the truth of the foregoing recitals appearing to the 
Indian agent at said Indian agency, and the quantities and terms and 
conditions of this lease being recommended by the said Indian agent 
in charge of said reservation, as is evidenced by his approval hereof: 
Now, therefore, this indenture witnesseth : - , ^' ^r 

1. That the said party of the first part, for and in consideration of 
the sum of one dollar ($1.00) in hand paid to them by the said party of 
the second part, the receipt whereof is hereby acknowledged, and in 
further consideration of the premises and of the prospecting and inining 
to be done, and of the rents and royalties to be paid as f ereinafter 
specified, and of the covenants, stipulations, and conditions hereinafter 
contained and hereby aj^reed to be kept and performed by the said 
partvof the second part, its successors and assigns, ^l^^s, by these 
presents lease and grant unto the said party of the second part, for the 
i>eriod often years from and after the date of the approval hereof, by 
the Secretary of the Interior, for the purpose of mining mineral oil, coal, 
and other minerals, the following described portions of the said reser-. 
vation, namely: 



36 



LEASING OF INDIAN LANDS. 



All of the land when tlie Government survey is extended which will 
comprise all of the following-described land: 

On that land known as the treaty part of said Uintah Keservation 

as follows: XT- 4. u T> 

640 acres or one square mile of land in that part of the Umtah Kes- 
ervation known as the •' Uintah Mountains," Wasatch County, Utah, 
and more particularly described as follows: 

Beginning at the intersection of longitude one hundred and ten (110) 
degrees fifteen (15) minutes west and latitude forty (40) degrees 
twenty six (20) minutes twenty (20) seconds north, thence north along 
longitude one hundred and ten (lib) degrees fifteen (15) minutes to the 
intersection of latitude forty (40) degrees forty five (45) minutes, thence 
west along latitude fortv (40) degrees forty five (45) minutes to the 
intersection of the northwestern line of the Uintah Keservation, thence 
along the western line of the Uintah Keservation to Mount Baldy, 
thence along the western line of the Uintah Keservation in a southerly 
direction to the intersection of latitude forty (40) degrees twenty-six 
(20) minutes and twenty (20) seconds, thence east to the intersection of 
longitude one hundred and ten (110) degrees fifteen (15) minutes to the 
place of beginning, to be selected by the said party of the first part as 
soon as practical after the approval of this lease by the Secretary of 
the Interior, together with all mines and deposits of mineral od, coal, 
and other minerals, in or upon the lands definitely located as herein 
provided, with the right to carry the same away and sell and dispose 
thereof for profit; and the party of the second part, its successors, and 
assigns, shall have and are hereby granted the right, during the period 
of two years, to enter upon and thoroughly prospect and locate mines 
or deposits of mineral oil, coal, and other minerals, upon that part of 
said reservation generallv describeil above ; and there is further granted 
to said party of the second part the right to mine, market, and sell aU 
mineral oil, coal, and other minerals upon the lands definitely located 
as herein provided, anil may use so much of the surface of said lands 
and so much of the timber and building stone found thereon as may 
be necessary with which to construct all buildings, dwellings, or other 
improvements upon said lands that may be required in mining said 
mineral oil, coal, or other minerals and successfully conducting said 
l^rospecting and mining operations; and the said party of the second 
part, its successors, and assigns, shall also have, and are hereby granted 
the right of way through, across, and upon said lands generally de- 
scribed above, for the purpose of ingress and egress to mines, and for 
transporting mineral oil, coal, and other minerals and supplies; and 
said party of the second part, its successors, and assigns, shall have, 
and are hereby granted, the right to use the water found in and upon 
said reservation necessary in and about its said business and for domes- 
tic uses, and may convey the same by exposed pipes and open ditches 
or in such other manner as the second party, its successors, and assigns, 
may determine in, upon, and over the lands of said first party, whether 
the said water is obtained on the said reservation or not. Provided, 
however, and it is expressly understood by all parties thereto, that at 
the expiration of two years, during which time prospecting may be 
done, this lease shall cover, relate to, and include only such lands as 
may be embraced within, and covered by, the approved m;ips and plats 
showing the discovery of said mineral oil, coal, and other mineral 
deposits; as to the other lands within the general limits described in 
this article, the party of the second part, its successors, and assigns, 
• shall have the privilege of using so much of the timber and st<?ne found 



LEASING OF INDIAN LANDS. 



37 



thereon as may be necessary with which to construct all buildings, 
dwellings, or other improvements upon said lands that may be req^iired 
in mining said mineral oil, coal, and other minerals, and successfully 
conducting said mining operations, and also the right of way through, 
across, and upon said lands for the purpose of said mining operations; 
and also the further privilege of using water found in and upon said 
reservation, in and about said mining operations and for domestic uses, 
and may convey the same by exposed pipes and open ditches in, upon, 
and over said reservation, whether said water is obtained on same 
or not. 

2. The party of the second part shall, within a reasonable time and 
without unnecessary delay, file with the Secretary of the Interior, to be 
subject to his approval, a map or plat showing definitely the lands to 
which the said lease is intended to apply, describing the same by prop- 
erly designated and fixed boundaries to be defined by proper survey. 
Said parties of the second part shall tile with the Secretary of the Inte- 
rior, subject to his approval, maps and i)lats showing all discoveries of 
mineral oil, coal, and other minerals within three months after said dis- 
coveries are made, and immediately u])on tiling and approval of such 
maps, plat, or plats, the said party of the second part, its successors or 
assigns, shall i)roceed to develop, mine, and work the mineral oil, coal, 
and other mineral deposits herein described forthwith, and prosecute 
the same with diligence; and said party of the second ])art, its suc- 
cessors or assigns, shall likewise tile with the Secretary of the Interior 
quarterly reports of all prospecting done and discoveries made; also 
quarterly reports of the gross output of all its mining operations under 
this lease; all such maps and rei)orts shall be verified by the oath of 
said party of the second part. 

3. The party of the second part, its successors or assigns, for and in 
consideration of the i)rivileges of ])rospecting and mining upon said 
described lands, for the period of time stated, hereby covenant and 
agree to pay, or cause to be paid, in lawful money of the United States, 
to the Secretary of the Interior, or such party or parties as he may 
designate, to be placed to the credit of the said party of the first part, 
and to be paid to or expended for them as the Secretary of the Interior 
may direct, the following rents and royalties, namely: 

A sum equal to five per cent of the market value at the place mined 
of any and of all minerals, these payments to be in full satisfaction of 
all demands against said party of the second part for said period. 

Such payments or royalties shall be made every three months during 
the continuance of this lease for all mineral oil, coal, and other mineral 
mined or removed from said land during the three months last preced- 
ing, and such payments shall be received in full of all royalties and 
demands whatsoever on the part of the party of the first part against 
the party of the second part, its successors or assigns, for the period 
of time herein covered. 

4. It is further covenanted and agreed that the party of the second 
part, its successors and assigns, that they will open and operate said 
mines and deposits of mineral oil, coal and other minerals, and cause 
the same to be worked and mined in a workmanlike manner and to 
the fullest practicable extent; that they will protect all mines and will 
not commit or suffer any waste upon said lands or upon the mines 
thereof; that they will take good care thereof and surrender and return 
the said premises at the expiration of this lease to the party of the first 
part in as good condition as when received, excepting the removal of 
the mineral oil, coal and other minerals as herein provided, and the 



38 



LEASING OF INDIAN LANDS. 



ordinary wear, tear, aud uiiav oidable accidents in the proper use ot the 
same for the purposes hereinbefore indicated; that they will not per- 
mit ally nuisance to be nmintained upon the premises, nor allow any 
intoxicating liquors to be sold or given away to be used as a beverage 
on the premises; that they will not use or permit the use ot said prem- 
ises, or any part thereof, for any other purpose than that authorized 

5. It is further covenanted and agreed that the second party, its 
successors and assigns, shall keep an accurate account of said mining 
operations, showing the whole amount of mineral oil, coal and other 
minerals mined or removed; and the Indian agent m charge of said 
reservation, or any other agent or agents appointed by the Secretary 
of the Interior, shall have the right at all times during the existence of 
this lease, on behalf of the party of the hist part, to make such rea- 
sonable examination of all books of account and mines as may be nec- 
essary to obtain all proper information desired regarding cue amount 
of product mined or removed from said lands under lease, and there 
shall be and there is hereby created a lien on all implements, tools, 
movable machinery, and other personal chattels, belonging to the party 
of the second part", its successors or assigns, used in the said prospect- 
ing and mining operations, and upon all mineral oil, coal and other 
minerals obtained from land herein leased, as security for the quarterly 
payment of said royalties and rents. , . - i 

6. It is further covenanted and agreed that no location under this lease 
shall obstruct or interfere with any highway, road, or trail now m use, 
without si)ecial permission from the Secretary of the Interior; and the 
right of way across and over the lands which shall be included w thm 
the surveys and definite locations herein provided for is to be reserved 
to the party of the first part, the use thereof, however, to be consistent 
and not to interfere with the mining operations of the said party ot the 
second part, its successors or assigns. , ^ -x 

In its operations under this lease said party of the second part, its 
successors or assigns, shall in nowise interfere with any personal or 
property rights of anv character whatsoever now existing in, or that 
may be hereafter acquired by any individual Indian, without first 
obtaining in writing of such Indian, and the payment of proi>er 
compensation, to be approved by the Secretary of the Interior; and no 
right or privilege herein granted shall be extended, exercised, used, or 
operated to tlie impairment, injury, or prejudice of any legitimate 
industry, business, or occupation of said Indians, as a tribe or as 

individuals. , ^ .. ., 

7 It is further stipulated and agreed that where Indians upon said 
reservation are qualified and willing to perform the character of labor 
required in carrying on the mining operations named the party of the 
second part, its successors or assigns, will accord them a preference in 
selecting their emploves so far as it may be practicable to do so. 

8 All rights are reserved to the United States and to the Indians on 
said reservation to make and accept allotmenls in severalty for the 
benefit of said Indians at any time in the future of such lands y^ithin 
the boundaries of this lease as may at any time be deemed by the 
Secretary of the Interior suitable for agricultural purposes. 

9 This lease and all rights and privileges thereunder are made and 
accepted by the party of the second part, its successors or assigns, sub- 
ject to existing law or laws and any law or laws hereafter enacted 
pertaining to the said reservation. 

10. In no event shall the United States or the Secretary of the 



LEASING OF INDIAN LANDS. 



39 



Interior, in his official or personal capacity, be liable in damages or 
otherwise under the provisions of this lease in connection therewith. 

11. No Member of or Delegate to Congress, officer, agent, or employe 
of the Government shall at any time be admitted to share in this lease 
or in anywise derive any benefit therefrom. 

12. In the event of the extinguishment, with the consent of the 
Indians, of the Indian title to the lands covered by this lease, then and 
thereupon this lease and all rights thereunder shall terminate. 

13. In the event of any omission, neglect, or failure of the party of 
the second part, its successors or assigns, to faithfully observe and 
perform any of its obligations arising upon and under the provisions of 
the lease, the Secretary of the Interior may, without prejudice to any 
other lawful remedy or remedies, treat the same as a sufficient cause 
for the forfeiture, abrogation, or termination of this lease by him, unless 
within sixty days after notice thereof from the Secretary of the Interior 
the party of the second part, its successors or assigns, shall not fully 
correct such omissions, neglect, or failure, and make good any loss or 
injury occasioned thereby, or if thereafter such omission, neglect, or 
failure of the party of the second part, its successors or assigns, shall 
be repeated, then at any time within sixty days thereafter tlie Secre- 
tary of the Interior may at his option declare this lease forfeited, abro- 
gated, or terminated. Then, and in that case, the party of the second 
part, its successors or assigns, shall wholly vacate the leased premises 
within thirty days after notice thereof, and upon failure of the party of 
the second part, its successors or assigns, to vacate said premises the 
Secretary of the Interior shall have the right, on behalf of the Indians, 
to reenter the same and take possession thereof, using such force as may 
be deemed necessary to disposess and remove therefrom the said party 
of the second part, its successors or assigns; and it is agreed and 
understood that any property of the said party of the second part, its 
successors or assigns, located on said premises at the time of the for- 
feiture, abrogation, or termination of this lease may be removed there- 
from by the party of the second part, its successors or assigns, within 
such reasonable time as may be fixed by the Secretary of the Interior, 
not to exceed six months from the forfeiture, abrogation, or termina- 
tion of this lease, and any property of the party of the second part, its 
successors or assigns, remaining upon said premises after the expira- 
tion of the time so fixed for its removal, shall become the property of 
the said party of the first part, and may be treated as such by the Sec- 
retary of the Interior. 

Provided^ hoicever, That the party of the second part, its successors 
or assigns, shall have six months after the expiration of this lease in 
which to remove the buildings, machinery, and other property from 
said lands, without hindrance by the party of the first part, if the 
party of the second part, its successors or assigns, have performed all 
the covenants and conditions imposed upon them by this lease. 

14. The party of the second part shall execute and file, in the Depart- 
ment of the Interior, its bond in the sum of $10,000 with sufficient sure- 
ties, to be approved by the Secretary of the Interior, conditioned for the 
faithful performance by the party of the second part, its successors or 
assigns, of all its duties and obligations under this lease. 

15. It is further mutually covenanted and agreed that the Secretary 
of the Interior be, and he hereby is, authorized and empowered to 
make such additions to this lease as in his judgment may not impair 
the rights and privileges in the matter of the party of the first ])art. 

16. It is further mutually covenanted and agreed that the agree- 



40 



LEASING OF INDIAN LANDS. 




ments, stipulations, covenants and conditions in this lease set forth 
shall extend to and be binding and obligating upon the grantees, 
assigns, and successors of each of the parties hereto. 

In witness whereof the said i>arties have hereunto set their hands 
and seals this day and year tirst above written. 

Tabby (his x mark). [seal. 

Tim eloHNSON (his x mark). seal. 

SosoNOCKET (his x mark). seal. 

eloHN Duncan (his x mark). seal. 

Big Tom (his x mark). [seal. 

David Copperfield (his x mark). [seal. 

The Florence Mining Company, [seal. 
By Geo. F. Timms and 
Henry C. Henderson, 

Attorneys in Fact, 

Martin Van (his x mark). [seal.] 

AOKNOW^LEDOMENT. 

I, Verney Mack, interpreter at the Uintah Agency for the Uintah 
and White River tribes of Indians, do hereby certify that on tbis 16th 
of [N^ovember, A. Dl 1901, the foregoing lease was agreed upon by a 
delegation of the tribes appointed at a council of said Indians, held at 
the Uintah Agency, Utah, on the lOth day of November, A. D. 1901, 
and that said lease was carefully interpreted by me to said Indians 
who composed said delegation and was fully understood by them and 
each of them. 

Verney Mack, Interpreter, 

(Interpreter chosen by the Indians and approved by the agent). 

On this 16th day of November, A. D. 1901, personally appeared before 
me, H. P. Myton, United States Indian agent, the above named mem- 
bers of the Uintah and White Kiver tribes of Indians, viz. Tabby, Tim 
Johnson,' Sosonocket, John Duncan, Big Tom, and David Copperfield 
and Martin Van, whose names and signatures are affixed to said lease, 
parties of the first part, and the Florence Mining Company, by George 
F. Timms and Henry C. Henderson, attorneys in fact, party of the 
second part, and acknowledged the signing and sealing of the said 
indenture of lease to be tbeir free act and deed. 

H. P. Myton, 

U. 8. Indian Agent. 

I, H. P. Myton, United States Indian agent at the Uintah Agency, 
Utah, do hereby certify on honor that the above named lessors, parties 
of the first part to the foregoing indenture of lease, made the 16th day 
of November, A. D. 1901, with said party of the second part, are the 
proper representatives of their tribe, and authorized by council duly 
called to execute the same. 

I further certify on honor that said land is nat needed by the said 
Indians for farming and agricultural purposes, and is not desired for 
individual allotments; that the terms and conditions of said lease are 
advantageous, and are for the best interest of said Indians, and I, 
therefore, recommend the same for approval. 

I further certify on honor that I have satisfied myself that the gen- 
eral character of said tracts of land is such as invites exploration and 
prospecting. I have also secured the testimony of J. T. McConnell 



leasing of INDIAN LANDS. 



41 



and John McAndrews, credible disinterested persons, fully competent 
to judge as to the character and quality of said land, and I am satis- 
fied therefrom that it would be to tbe manifest advantage of the tribe 
of Indians to authorize the lease, and that the land can be occupied, 
used, and improved more advantageously and profitably for the pur- 
poses named in the lease than for any other purpose, and I consider 
the said terms agreed upon to be a full, fair, Just, and reasonable 
rental for said premises, and most desirable, if obtainable. 

I further certify on honor, of my personal knowledge, that outside the 
land embraced in the said lease the said Indians possess sufficient land, 
and that I believe the proposed lessee is well disposed to the good order 
and happiness of the Indians, and, in my judgment, the presence of the 
said lessee will be beneficial to the Indians. 

I further certify on honor that the contents, imrport, and effect of the 
lease were explained to and fully understood by the delegation who 
executed the same for the lessors, and that said lease was signed and 
sealed in my presence and in every respect free from fraud or decep- 
tion, and that I am in no respect interested in the said lease. 

H. P. Myton, 

U. 8. Indian Agent. 

MINUTES. 



(To be signed by cbairman with witness to signature.) 

Minutes of the proceedings of tlie council of the Uintah and White River 
tribes of Indians^ held at the Uintah Agency on the 16th day of Xorem- 
her^ A. D. 1901. 

Pursuant to notice, a meeting of the council of the Uintah and White 
River tribes of Indians was held. The meeting was called to order, 
and Charley Mack was elected chairman and John Heed was elected 
secretary. 

The object of the meeting was fully stated and explained to the 
Indians by the interpreter. The proposed lease was read and explained 
to them by their interpreter. Each section was fully understood, and 
every part connected with said lease as proposed. Whereupon the 
following resolution was offered, and, after full explanation and discus- 
sion, was unanimously adopted: 

Resolved^ That having full confidence in the integrity and ability of 
Tim Johnson, Tabby, Sosonocket, eTohn Duncan, Big Tom, David Cop- 
perfield, and Martin Van, they are authorized and directed to at once 
take such steps as may be necessary and i)roper in the premises to 
lease to The Florence Mining Company 640 acres of mineral, oil, coal, 
and other minerals in that part of the Uintah Reservation known as 
the Uintah Mountains, and which is more fully described in the lease, 
which lease is to be for the term of ten (10) years, as proposed by The 
Florence Mining Company, and the royalty is to be fiwe^ per cent of the 
market value of any and all minerals at the place mined. 

On motion, the council adjourned. 

Charley Mack, 

Chairman. 

Witness: 

David S. Miller. 
J. T. McConnell. 



42 



LEASING OF INDIAN LANDS. 



CERTIFICATE. 



LEASING OF INDIAN LANDS. 



43 



I, John Reed, secretary of the council of the meeting of the Uintah 
and White River tribes of Indians, in council assembled, do hereby 
certify that the foregoing is a true copy of the minutes of the meeting 
of the tribes held at the Uintah Agency, Utah, on the 16th day of 
November, A. D. 1901, and is a correct record of the proceedings thereof. 

John Reed, Secretary. 

CERTIFICATE. 

I, Verney ^lack, interpreter for the Uintah and White River tribes 
of Indians, do hereby certify that I was present at the council of the 
tribes held at Uintah Agency, Utah, on the 16th day of November, A. D. 
1901, and that I correctly interpreted all matters and questions made 
at said meeting, and also the resolution set out in the foregoing copy of 
the minutes and record of said meeting; and I further certify that each 
and all of said Indians fully understood the i)urport, meaning, and effect 
of said resolution and the questions voted upon and that I witnessed 
the signatures attached thereto. 

Verney Mack, Interpreter. 

CERTIFICATE. 

We hereby certify that we have witnessed the signatures to the fore- 
going indenture of lease and that we have no interest therein. 

H. P. Myton, Agent. 
Dayid S. Miller, CUrlc. 

CERTIFICATE. 

I, H. p. Myton, United States Indian agent of the Uintah and White 
River tribes of Indians at the Uintah Agency in Utah, do hereby cer- 
tify that I was present at the council meeting of said tribes held at the 
Uintah Agency on the 16th day of November, A. D. 1901, and that the 
foregoing copy of the minutes contains a correct record of the proceed- 
ings of said council. 

H. P. Myton, 

U. S. Indian Agent. 

TheCHAiRMAN. What mineral leases have been made besides thisonef 

Commissioner Jones. There is a mineral lease on the Navaho Reser- 
vation for the same amount of land, 640 acres. 

The Chairman. Can they float that for a time f 

Commissioner Jones. Yes, sir; the conditions are exactly the same. 

The Chairman. They have time to float it! 

Commissioner Jones. Yes, sir. 

Senator Jones, of Arkansas. What are the terms of those leases; 
what do the companies pay? 

Commissioner Jones. I do not remember what the Navaho lease 
provides shall be paid, but the Florence Mining Company is to pay 5 
per cent on the product at the place of mining. 

The Chairman. I have looked into the law in regard to this, and I 
do not find that the Attorney-Cxeneral has ever rendered any opinion; 
but the Assistant Attorney-General has. 

Commissioner Jones. Yes; he is the officer of the Department to 
whom such matters are referred. 



^*T 






4 



The Chairman. You meant by the Attorney-General the Assistant 
Attorney-General in your Department? 

Commissioner Jones. Yes, sir. 

The Chairman. The present assistant predicates his ruling on the 
previous rulings of the Department 

Senator Jones, of Arkansas. Who is that! 

The Chairman. Mr.VanDevanter. The present Assistant Attorney- 
General refers to the former rulings and professes to be governeil by 
them. In a case in the supreme court of Utah a question arose in 
regard to a grazing lease, where a mere intruder was a party, and the 
supreme court held that the grazing lease was good and was authorized. 
The court quoted the Department. Then the Department turns aroand 
and quotes the decision of the court to sustain it. Originally I do not 
find any judicial investigation or authoritative decision lor the start, but 
they started, and then all of tliem followed precedent. 1 am unable to 
find, and I should like to have anybody find it if he can, any intimation 
that the diminution of the reservation gives a ditterent title to the 
remainder from what the Indian title is all over the country, outside of 
the Indian Territory. The Supreme Court, in decisions continuously 
for more than a hundred years, have held that it was only possessory 

Seuator Quarles. I should like to be permitted to ask the Commis- 
sioner a question. t ^ j i.i • k «j 

The Chairman. In, one moment. The only thing I find this basea 
on is a ruling of some person in the Department, some ten or eleven 
years ago, and all the balance is based upon that without any original 

reasoning to support it. . 

Now, what safeguards have you when persons go m there to nego- 
tiate with the Indians ? How can you protect the Indians, even, or the 
public under the system you have? Does the system work well? 

Commissioner Jones. Well, I do not know what you mean by that. 
There is the same protection that we have in any lease. 

The Chairman. I mean in any of the leases. 

Commissioner Jones. They enrer into an agreement and tnrnisli a 
large bond that they will faithfully carry out the terms of the i*^»f- 

Kow, as to the statements you make in regard to the opinion of the 
Assistant Attorney-General, 1 do not know that I understand yon. 

The Chairman. I say the present Assistant Attorney-General pre- 
dicates his opinion upon the previous ruling of the Dei)artment. 

Commissioner Jones. Allow me to explain about the method ot the 
Department in such matters. The question arose as to whether the 
Uintah Indians had a right to lease their lauds. It is conceded that 
Indians living on Executive order reservations have no right to lease 
their lands, and the question was submitted to the Assistant Attorney- 
General as to whether the Uintah Indians had the right to lease their 
lands or not. That was submitted to him, and his decision 

The Chairman. I have read of his decision. . , ^ , , 

Commissioner Jones. He decided they had the right to leitse. 

The Chairman. Under the rules of the Department. That was 
the construction the Department had given-— 
Senator Quarles. There is an express statute on the subject. 
Commissioner Jones. I am not discussing that with you, because I 
am not a lawyer. But our action was based upon the ruling of the 
Assistant Attorney-General that the Indians had a ['gJtJ«J^-»««; 
The Indians wanted to lease, and they were permitted to enter into 
the lease, and that is all the Department had to do with it. 



44 



LEASING OF INDIAN LANDS. 



Senator Quarles. I should like to ask the Commissioner one ques- 
tion Avhen you are through, Mr. Chairman. 

The Chairman. All right. 

Senator Quarles. Several suggestions have been made about this 
feature of the lease which allows a certain time for the location of min- 
eral sites. 1 should like the committee to knowand to be informed myself 
whether a person seeking a lease on a reservation for mineral purposes 
has any right, before the granting of the lease, to go in to prospect 
and find out where the mineral lies? 

Commissioner Jones. No, sir; not without permission from the Inte- 
rior Department. 

Senator Quarles. Do you know of any other way than that by 
which such permission can be granted? 

Commissioner Jones. No, sir. 

Senator Quarles. Except the way embodied in these leases? 

Commissioner Jones. No, sir. 

Senator Quarles. I did not know about that. 

Commissioner Jones. If persons were to go upon a reservation with- 
out the permit, they would be Intruders and would be put off. 

The Chairman. Then the permit gives them a special privilege? 

Commissioner Jones. It gives them a special privilege to go on the 
reservation. 

Senator Quarles. And prospect? 

Commissioner Jones. No, sir; the permit doe^ not permit them to 
prospect. 

The Chairman. Does it permit them to prospect and find out where 
they wish to locate? 

Commissioner Jones. The permit given by the Interior Department 
simply gives them the right to go on the reservation to negotiate with 
the Indians. That is all the permit contemplates. When they go in for 
that purpose, the Indians give them the right to prospect.for two years, 
and at the end of two years to make their location. But the Depart- 
ment does not give them the right to prospect for two years. 
^ Senator McCumber. Suppose the Indians should not give them the 
right to prospect after you have given them the right to go on the 
reservation? 

Commissioner Jones. That ends it. 

Senator MoCumber. In other words, it still has to be passed on by 
the Indians? 

Commissioner Jones. Yes, sir. 

Senator Jones, of Arkansas. How do they pass on it? 

Commissioner Jones. In council. 

Senator Jones, of Arkansas. Is there any record kept of the council 
meetings? 

Commissioner Jones. Yes, sir; and it is attached to the lease. 

If you will excuse me, Mr. Chairman, would it not be well to dispose 
of the grazing lease on which we started? I am willing to answer any 
questions. 

Senator Quarles. I think it would be better, Mr. Chairman, if you 
feel that way, to get the facts before the committee, and then we will 
argue the law or get at the law afterwards. The Commissioner can not 
help us about that. 



STANDING rock AGENCY. 



The Chairman. Mr. Commissioner, with respect to the Standing 
Eock Agency the parties who made the objections have no*t been here. 



LEASING of INDIAN LANDS. 



45 



We have not heard anything from them. You had better conclude 
your statement in regard to the Standing Kock matter. 

Commissioner J ONE^. I have no further statement to make unless 
the committee have some questions to ask. 

Senator Jones, of Arkansas. There is a delegation of Sionx Indians 
here who wish to be heard. 

Senator McCumber. I should like to ask the Commissioner a qnes- 
tion for my own information. I have letters from North Dakota pro- 
testing against these leases, unless the reservation is fenced or the 
entire portion, I suppose, that these persons are to occupy. In refer- 
ence to that, the writers suggest that the stock of these persons who 
come there and make leases are not only kept on the reservation, but 
they go elsewhere; that they go out and mix with the stock of the 
ranchmen who are on the border of the reservation. They farther rep- 
resent that while, when the cattle are inside, they can not take their 
cattle from the others until the time for driving in in the fall, at the 
same time the other persons can go among their stock at anytime dur- 
ing the season if they let the whole herd outside of the reservation^ 
and disturb them and take their stock from them and compel the own- 
ers to be rounding them up continuously. That is the complaint which 
comes to me, and I should like to have such information as the Com- 
missioner can give on this subject. 

Commissioner Jones. One of the terms of the lease provides that the 
tract to be leased must be fenced at the expense of the lessee. 

Senator Jones, of Arkansas. Is that an absolute provision? 

Commissioner Jones. Yes, sir. 

Senator Harris. The question of posts and timber and all that was 
discussed here the other dav. 

Senator Clapp. We went all over it the other dav. 

Senator McCumber. That is why I did not quite understand these 
complaints. 

Commissioner Jones. They are to fence with a three barb wire fence. 

Senator Jones, of Arkansas. I have a letter from somebody out there 
who understands that the lessees can fence the land or not, as they please. 

Senator Quarles. As the lease was read here the other day, it is 
explicit. 

Senator Jones, of Arkansas. Absolute. 

Senator (^^uarles. Absolute. 

Commissioner Jones. According to the terms of the lease, the lessees 
can not put a single head on there until they have fenced the land. 
There is no question about that. 

Senator Quarles. That was my understanding. 

The Chairman. You did not leave us a copy of the lease, although 
you read it. 

Senator (tAMBLE. I think it is printed in the rei)ort of the hearing. 

Senator Jones, of Arkansas. It was read before the committee, and I 
suppose it is in the report. 

Commissioner Jones. I will furnish you a copy of the lease. 

The lease referred to is as follows: 

GRAZING lease OF TRIBAL LANDS. 



This indenture of lease, in triplicate, made and entered into by and 
between George H. Bingenheimer, United States Indian agent of the 
Standing Kock Agency, party of the first part, for and on behalf of the 
Sioux tribe of Indians, occupying and residing upon the said Standing 



46 



LEASING OF INDIAN LANDS. 



Bock Reservation, under and pursuant to the action of the council of 
the trihe^ speaking for the tribe, duly authorizing the leasing of the 
XK>rtiou of the reservation hereinafter described, which is not now 
Deeded for fanning or agricultural purposes and is not desired for 
individual allotments, for the period of five years from the first day of 
June, 11H)2, to the thirty-first day of May, 1907, duly empowering the said 
George H. Bingenheimer to make and excute a lease of the same for 
and on behalf of the tribe, as per resolution of the {Standing Kock coun- 
<al, hereto attached and made a part of this agreement, and in accord- 
ance with the provisions of section 3 of the act of Congress approved 
February 28, 1891 (26 Stats., 794), as amended by the act of Congress 
of August 15, 1894 (28 St^ts., 305), and George PMward Lemmon, party 
of the S€x*ond part, 

Witnesseth : That the said party of the first part, for and in consid- 
eration of the payments to be made by the said party of the second 
part, as herein agreed and stipulated, and the execution of a legal 
bond, with two or more good and sufiicient sureties, in an amount equal 
to the entire consideration herein agreed upon, conditioned upon the 
faithful performance hereof, and by authority of the said council pro- 
ceedings and the said acts of Congress above mentioned, and subject 
also to the approval of the Secretary of the Interior, does by these 
presents lease and grant unto the said party of the second part for the 
period of five years from the first day of June, 1902, to the thirty-flrst 
day of 3Iay, 1907, for the puri>ose of grazing cattle only, the following- 
described i>ortion of said reservation, namely: 

Commencing at the southwest corner of the reservation; thence east 
along the boundary line between the Standing Kock and Cheyenne 
River reservations about nineteen miles to the range line between 
ranges twenty and twenty-one; thence north on said range line about 
twenty-four miles to the township line between townships twenty-one 
and twenty-two; thence east on said township line about thirty miles 
to the range line between ranges twenty- five and twenty-six; thence 
north on said range line to the north boundary of South Dakota; thence 
dne north to the township line between townships one hundred and 
thirty and one hundred and thirty-one in North Dakota; thence west 
on said township line to the Cannon Ball (or Cedar) River; thence in a 
westerly and southwesterly direction along said river to the northwest 
corner of the reservation ; thence south along the west boundary of the 
reservation to the place of beginning, containing an estimated area of 
788,480 acres, more or less. It is understood and agreed that this 
estimated area is subject to revision at the option of the Commissioner 
of Indian AflFairs by a survey of the northern boundary formed by the 
Gannon Ball (or Cedar) Kiver. It is also agreed and understood that 
the number of cattle or horses to be held upon said range at any one 
time shall not exceed the general average of one head for each forty 
acres. It is also expressly agreed by the party of the second part that 
each Indian family residing within the leased district shall be permitted 
to hold within said district, in the vicinity of their respective homes, 
free of rent, cattle and horses which they actually own to an extent not 
exceeding one hundred head; also, that any of said Indian families 
who own more than one hundred head of horses or cattle, and who elect 
to permit such excess to remain within the leased area, shall not be 
charged more than one dollar and twenty cents per head i)er annum 
for such excess. 

Said party of the second part also expressly agrees to fence said 
range, during the first year of the term, with a good, substantial, 



LEASING OF INDIAN LANDS. 



47 



cattle-proof three-wire (barbed wire) fence, posts two rods aq)art, with 
a substantial stay between the posts; in case posts are obtained from 
the holding of an individual Indian he shall be paid a full and fair 
compensation therefor; the said fence to be kept in good repair during 
the term and to revert to the Indians and become their absolute prop- 
erty at the termination of this lease. Lessee will have an option of the 
amount of fence he will build along the South Fork of Cannon Ball 
River. 

And the said party of the second part, for and in consideration of the 
privilege of holding and grazing cattle upon the lands hereinbefore 
described, for the period of time herein stated, hereby covenants and 
agrees to pay the United States Indian agent of said tribe, at the 
Standing Rock Agency, the sum of twenty-four thousand and forty- 
eight and 64/100 dollars ($24,048.64) per annum, the same being at the 
estimated rate of thirty and one half mills per acre for the number of 
acres above described, said sum to be paid in lawful money of the United 
States in equal semiannual payments, to wit, on the first day of June, 
1902, and on the first day of December, 1902, and on the same dates for 
each year during the term of this lease. 

Provided always^ And it is further covenanted and agreed between 
the said parties hereto that if any payment, or any part thereof, shall 
remain unpaid after the expiration of thirty days after the same shall 
have become due, as hereinbefore stipulated, or if the said party of the 
second part shall cut timber from said above described lands, or other- 
wise commit waste thereon, then and from thenceforth it may be lawful, 
and it is agreed that the Commissioner of Indian Affairs may declare 
this lease to be forfeited and annulled, and from and after such declara- 
tion the same shall be null and void and of no effect, and it shall 
be the duty of the said Commissioner of Indian Affairs to cause the 
said party of the second part to.be removed from said reservation lands 
above described, with all stock and other appurtenances belonging to 
said party of the second part which may be thereon, without liability 
to the United States or of any officer of the United States for any loss 
or damage that may be caused by such removal. It is also expressly 
agreed between the parties hereto that the lands covered by this lease, 
nor any part thereof, shall be subleased or sublet in any manner what- 
ever without the written consent of the council speaking for the tribe 
and the approval thereof by the Secretary of the Interior, and that any 
violation of this provision shall ipso facto work a forfeiture of the lease. 
And it is further agreed between the parties hereto that the privilege 
of holding cattle upon the lands herein described for the period of time 
herein specified is permitted and agreed to upon the express condition 
that if the Indian title to any portion of the lands herein described 
* shall be extinguished before the expiration of the time herein stated, 
then and in that event this lease shall be of no force and effect from the 
date of such extinguishment of title, and all cattle upon said lands shall 
be subject to immediate removal therefrom. And in case of the allot- 
ment of lands in severalty, it is agreed and understood that this lease 
shall be void as to the lands so allotted : Provided, That in the event of 
removal for such causes the grazing rates herein stipulated shall only 
be required to be paid iiro rata for the time said lands shall be occupied 
under this agreement. 

It is ^Iso expressly agreed that all allotments of land in severalty 
and all farms, gardens, and other improved holdings of individual 
Indians shall at all times be kept free from damage or interference by 
the stock and employees of the said party of the second part; and it is 



48 



LEASING OF INDIAN LANDS. 



agreed and understood that any violation of these provisions shall 
render th^ lease void, and shall subject the lessee and his stock to 
immediate removal from the reservation. It is also expressly agreed 
by the lessee that all fences and other improvements which he shall 
place upon the lands covered by this lease shall remain upon the lands 
at the expiration of the lease and shall become the absolute property of 
the Indians. 

And it is further provided and agreed by and between the parties 
hereto that the right to bring, hold, or graze cattle under this lease, on 
the above-described lands, shall at all times be subject to any quaran- 
tine restrictions, regulations, and conditions established or that may 
be established by the Department of Agriculture, and made applicable 
to the district of country in which the lands to be leased lie. 

And the said party of the second part further agrees that at the 
expiration of this lease he will surrender the possession of the above- 
described lauds to said tribe of Indians in as good condition as when 
received, ordinary wear and tear for the uses herein mentioned alone 
excepted. 

And it is further provided and agreed between the parties that no 
Member of or Delegate to Congress shall be admitted to any shareor part 
in this grazing lease, or derive any benefit to arise therefrom; and also 
that this indenture shall be subject to the approval of the Secretary of 
the Interior. 

Signed and sealed this 27th day of January, 1902. 

George A. Bingenheimer, [seal.] 
17. S. Indian Agent^ Standing Rock Agency. 



George Edward Lemmon, 



Witnesses : 



SEAL. 
SEAL. 



Chas. N. Vance. 

G. A. BiNGENHEIMBR. 

J. C. Slater. 

M. WOODVILLE. 



Copy of council proceedings. 

We, the undersigned, Indians of Standing Rock Reservation, North 
Dakota, over eighteen years of age, hereby consent to the leasing 
for a period not to exceed five years for the purpose of grazing cat 
tie thereon, at a rate of not less than one ($1.00) dollar per head per 
annum for each and every head of cattle so introduced and grazed 
upon said reservation, the unoccupied portions of said Standing Rock 
Reservation, the consent hereby given to be subject in each and every 
instance to the following conditions : 

The tract of land assigned under each permit, contract, or lease must 
be properly fenced, the cost of such fencing to be paid from the rental 
which may be due for the first year. At the expiration of such per- 
mit, contract, or lease said fencing shall be and remain the property of 
the Indians of this reservation, and during the term that cattle are so 
held upon this reservation such fences must be kept in a proper state 
of repair at the expense of the owner of the stock. 

All persons so introducing and grazing stock will be required to exer- 
cise all possible care and diligence to prevent depredations by their 



LEASING OF INDIAN LANDS. 



49 



cattle upon the leaseholds of other stockmen or upon lands occupied 
by Indians of this reservation, and in the event of the appearance of 
any contagious disease among their herds, every possible step must be 
taken to prevent the spread of and to stamp out such disease. 

Uere follow the signatures of 771 Indians. 

Also certificate of the interpreter, certificate of the witnesses, and 
certificate of the United States Indian agent. 

I, George H.Bingenheimer, United States Indian agent for the Stand- 
ing Rock Agency, hereby certify that the above is a true copy of the 
council proceedings of the Standing Rock Indian council, authorizing 
the leasing of their tribal lands. 

George H. Bingenheimer, 

United States Indian Agent. 



Triplicate bond. No. 29368. 

Know all men by these presents, that we, George Edward Lemmon, 
principal, of Spearfish, county of Lawrence and State of South Dakota, 
and the United States Fidelity and Guaranty Co., surety, of Baltimore, 

county of and State of Maryland, are held and firmly bound unto 

the United States of America in the sum of twenty-four thousand and 
forty-eight ^y^, ($24,048.64) dollars, lawful money of the United States, 
to be paid to the Secretary of the Interior for the use and benefit of the 
Standing Rock Indians, for which payment, well and truly to be made, 
we bind ourselves and each of us, our and each of our heirs, executors, 
administrators, and assigns for and in the whole, jointly and severally, 
firmly by these presents. 

Sealed with our seals, attested by our signatures, at Baltimore, Mary- 
land, this 27th day of January, in the year of our Lord one thousand 
nine hundred and two. 

The nature of this obligation is such, that if the said George Edward 
Lemmon, his heirs, executors, administrators, and assigns, or any of 
them, shall, and do in all things well and truly observe, perform, fulfill, 
accomplish, and keep all and singular the covenants, conditions, and 
agreements whatsoever, which, on the part of the said George Edward 
Lemmon, his heirs, executors, administrators, and assigns, are, or ought 
to be, observed, performed, fulfilled, accomplished, and kept, comprised, 
or mentioned in a lease bearing date the 27th day of January, one 
thousand nine hundred and two, between the said George H. Bingen- 
heimer, United States Indian agent, and the said George Edward 
Lemmon concerning the leasing of certain lands on the Standing Rock 
Indian Reservation according to the true intent and meaning of said 
lease, then the above obligation to be void; otherwise to remain in full 
force and virtue. 

George Edward Lemmon, Principal. [seal.] 
United States Fidelity and Guaranty Co., 



Edward J. Pbnniman, 2d Vice-President; 
RiCHD. D. Lang, Assist. Secretary. 

Signed, sealed, and delivered in presence of— 
J. C. Slater. 

M. WOODVILLE. 

J. F. McDermot. 
Chas. H. Lamkie. 

(Write all names in full.) 

S. Doc. 212 4 



SEAL. 
SEAL. 



50 



LEASING OF INDIAN LANDS. 



Senator Jones, of Arkansas. Another question raised in the letter I 
received was this: The writer said it was understood that the Govern- 
ment was to construct reservoirs to provide water for the lessees' cattle. 
Is there any provision of that kind ? 

Commissioner Jones. No, sir. The Government is not to construct 
anything. 

Senator Harris. That was not mentioned at all. 

Commissioner Jones. The lessees are to do everything at their own 
expense. ^^ either the Government nor the Indians are to expend one 
cent in connection with the matter. 

Senator Jones, of Arkansas. None of these thing is to be done, and 
they can not deduct from the rent anything on that account? 

Commissioner Jones. No, sir. 

Senator MoO umber. In a letter written to me the statement was 
made, outside of the matter of fencing, that on some of these tracts to 
be leased the lessees would have to drive their cattle outside of the 
reservation to certain creeks to be watered at the same place that the 
other cattle would be watered. There may not be anything in this, 
but I want to have the information, so that I can reply to the letter. 

Commissioner Jones. There is nothing to that. The water is inside 
the leased portion. 

Senator McOumber. There is plenty of water within the land to be 

fenced? 

Commissioner Jones. Yes, sir; and in tracts where they do not have 
water they propose to build tanks, or reservoirs, as they call them. 

Senator Jones, of Arkansas. How much land is there in this reser- 
vation, all told? 

Commissioner Jones. In the whole reservation? 

Senator Jones, of Arkansas. In the reservation under consideration. 

Commissioner Jones. A million two hundred and some odd thousand 

acres. 
Senator Jones, of Arkansas. That is the total amount? 

Commissioner Jones. Yes, sir. 

Senator Gamble. That is the total amount to be leased? 

Commissioner Jones. Yes, the total amount to be leased. 

Senator Jones, of Arkansas. I meant in the whole reservation. 

Commissioner Jones. I can not tell you. 

Senator Jones, of Arkansas. Can you tell me what proportion of 
the entire reservation is to be leased ? 

Commissioner Jones. I understand it now includes about one-half. 

Senator Jones, of Arkansas. Is this [indicating on map] the reser- 
vation? 

Commissioner Jones. No; that is the Cheyenne Eiver Keservation. 

It is the one above [indicating]. It includes, I should judge, about half 

the reservation. 
Senator Jones, of Arkansas. Your proposed leases run straight 

across? „ . 

Commissioner Jones. Yes, sir. This map, they tell me, is wrong. 
This [indicating] really is the course of the river. 

Senator Jones, of Arkansas. It starts at the river? 

Commissioner Jones. Yes, sir. The diagonal lines show the pro- 
posed leased portions. . . 

Senator Jones, of Arkansas. Under the present proposition! 

Commissioner Jones. Yes, sir. 

Senator Gamble. Is not the northern portion in North Dakota to 

be leased ? 



leasing of INDIAN LANDS. 



51 



Commissioner Jones. The State line is the blue line, and this portion 
[indicating] is in North Dakota. A portion of the proposed tract is in 
North Dakota. It comes up to this line [indicating]. 

Senator Jones, of Arkansas. The Commissioner says this map is not 
properly marked. 

The Chairman. I can see that the lessees would have the advantage 
if they were permitted to let their stock run out to water, or anything 
of that kind, while those surrounding them have no right to go in 
on the reservation. I can see how great injustice might be done to 
outsiders. 

Commissioner Jones. This is public land and we can not control it. 

The Chairman. But you can control the lease and provide that the 
lessees shall not mix their cattle with the outside herds. That would 
be pretty rough on the outsiders. 

Commissioner Jones. They do not own the public land; but, as a 
matter of fact, the lessees' cattle will not go out there. There is plenty 
of water inside. 

Senator Harris. If the lessees have this reservation fenced ofif, they 
are not going to be constantly taking their cattle out and be driving 
them back and forth to water. They must have water inside or they 
would not lease it under these circumstances. Of course, there are no 
rights existing as to the outside part. 

The Chairman. Only they might drive some of the cattle on the 
inside. 

Senator Harris. That is a chance which a fellow takes on the i)ublic 
land. The cattle are all miiLcd up. 

Senator Jones, of Arkansas. There is a gentleman here representing 
the Indians, and I suggest that he be heard. 



STATEMEHT OF LOXIIS P. PEIMEAXI. 



The Chairman. Mr. Priraeau, you are an interpreter? 

Mr. Primeau. Yes, sir. 

The Chairman. Who represents the Indians here? 

Senator Jones, of Arkansas. He is a Sioux himself. 

The Chairman. You are a Sioux ? 

Mr. Primeau. Yes, sir. 

The Chairman. Are you interested in these leases ? 

Mr. PrimUau. Yes, sir. 

The Chairman. Did the council agree to it, and is it satisfactory to 
the Indians? 

Senator Jones, of Arkansas. Is there not a delegation here from the 
Sioux Nation ? 

Mr. Primeau. Yes, sir. 

Senator Jones, of Arkansas. Where are the delegates? 

Mr. Primeau. At the hotel. I understood they would not be 
wanted here to day, and I did not bring them down. 

Senator Quarles. I presume this gentleman is capable of present- 
ing their ideas. Probably if they were here he would have to do all 
the talking. 

The Chairman. Do you know the views of the Indians perfectly. 

Mr. Primeau. Yes, sir. 

The Chairman. Tell us how the Indians regard this lease. 

Mr. Primeau. This agreement that was signed, or the petition that 
was signed and sent to the Commissioner, was intended to head off the 



52 



LEASING OF INDIAN LANDS. 



permit system that was going to be inaugurated on the reservation. 
We preferred, between the two, to have the lease system, and so we 
signed this petition, three-fourths majority, 771 men, with the under- 
standing that we were to select in the northwestern corner of our 
reservation the parts of our land which we could best do without. 

Senator Jones, of Arkansas. When was that? About when? 

Mr. Primeau. That was some time in November,! think. 

The Chairman. Is the selection as you supposed it would be? 

Mr. Primeau. Yes, sir; but then it was not put in the heading, 
because at that time the agent on the reservation was in receipt of 
letter from the Commissioner stating that the permit system would be 
inaugurated there, and just as we had this thing in mind the Indians 
got together. It was the best thing they could do under the conditions 
and circumstances surrounding them, and they thought they had better 
lease a portion of it, the unoccupied portion of the reservation, namely, 
in the northwest corner. A diagram was made of it and a committee 
of council, four, including the agent, was appointed to lay it oflF. 

The Chairman. Do you understand the reservation from this map? 

Mr. Primeau. Yes, sir. 

The Chairman. Point out on the map the portion you understood 
would be leased. 

Mr. Primeau. This part right up in here [indicating]. It was to 
run down here [indicating] 30 miles, and then run down this way into 
South Dakota [indicating] to the head of the tributaries of Grand 
Eiver, and from there diagonally across to the southwest corner, an 
area of perhaps 900 square miles. 

The Chairman. It was not to come to this edge here [indicating] ? 

Mr. Primeau. No, sir. We did that to protect ourselves, because 
the Indians living on Grand River have selected claims and holdings 
for their future homes, and on that land they raise cattle. That is all 
of this land in there [indicating], while this [indicating] is Cedar Creek, 
and it is not a desirable range. 

The Chairman. You are willing that it shall run clear across here 

[indicating] ? 

Mr. Primeau. Yes, sir; take in all this country where nobody lives. 

The Chairman. Mark with your linger the line that divides it; where 
you think the line of the lease was intended to be. 

Senator Jones, of Arkansas. As you proposed it. 

Mr. Primeau. That [indicating] is the Cannon Ball. 

Senator McCumber. It is stated that the map is wrong. 

Mr. Primeau. It starts in here, and goes this way [indicating], and 
from there diagonally across this way [indicating] and down, '^pipe- 
shaDcd," as it was termed by the Indians. 

The Chairman. The lease goes strait across the upper end? 

Mr. Primeau. Yes, sir. There [indicating] is the proposed leased 

part of it. 
The Chairman. The description of the lease does not suit you. Do 

you object to the description in the lease? 

Mr. Primeau. Yes, sir. 

The Chairman. You object to that? 
' Mr. Primeau. Yes, sir. 

The Chairman. Do the other Indians with you object. to it? 

Mr. Primeau. Yes, sir. 

Senator Jones, of Arkansas. Let me ask you a question. You said 
that you agreed to this simply because you understood that the permit 
system was to be put in force ? 



leasing of INDIAN LANDS. 



53 



Mr. Primeau. Yes, sir. 

Senator Jones, of Arkansas. Do you understand that the Indians 
were consenting to the lease witliout regard to the permit system, or 
did they simply regard it as better than the permit system, and agreed 
to it for that reason only? 

Mr. Primeau. Yes, sir; because the permit system was going to be 
inaugurated there anyway, and for that reason they would rather 
lease the lands, because they would have money coming to them to buy 
cattle. 

Senator Jones, of Arkansas. Suppose there had been nothing said 
about the permit system. Do you think the Indians would have agreed 
to this lease as they proposed it, anyway ? 
Mr. Primeau. No, sir. 

Senator Harris. Beally the Indians do not want the permit system 
or this lease? 
Mr. Primeau. Not as it is in here. If thev were allowed to select 

the parcel of ground they want to lease, they would prefer 

Senator Harris. Would they be willing to lease it without regard 
to the permit system, or is it 8imi)ly an alternative? They would 
rather lease than have the permit system ? 
Mr. Primeau. That is it. 

Senator Harris. And they would rather not do it? 
The Chairman. What is the objection to leasing the land along 
down there [indicating on map]? What is it there to make it objec- 
tionable ? 
Mr. Primeau. There are Indians living all along there. 
The Chairman. All along? 
Mr. Primeau. Yes, sir. 

The Chairman. On that edge of the reservation [indicating]? 
Mr. Primeau. Yes, sir. 

The Chairman. They object to the lease going across and taking in 
land where they live? 
Mr. Primeau. Yes, sir. 

The Chairman. And the lease goes right across here [indicating] ! 
Senator Jones, of Arkansas. How many Indian families live in the 
portion proposed to be leased ? 

Mr. Primeau. The Commissioner has the lease before him. It was 
modified. It was said it would run down here [indicating] and then 
there would be 391 families. But that was modified. I have a list of 
them, and if I can be advised as to whether that line would probably 
cross Grand River, near what house, I would be able to tell just 
exactly how many families there were. 
The Chairman. Can the Commissioner give us the line? 
Commissioner Jones. I can not by metes and bounds. 
Senator Jones, of Arkansas, Where is Grand River on that map? 
Mr. Primeau. Right along here [indicating]. 

Senator Jones, of Arkansas. Are there Indians living along Grand 
River ? 
Mr. Primeau. Yes, sir. 

Senator McCumber. If the Indians lease the portions they desire to 
lease, retaining the other, are the portions which they desire to lease 
favorable, having water facilities and everything else necessary for 
grazing? 
Mr. Primeau. Yes, sir. 
Senator McCumber. In sufficient quantities? 
Mr. Primeau. In sufficient quantities, only it is high land and the 



54 



LEASING OF INDIAN LANDS. 



frost kills oflF the grass. It does not cure like it does in the lowlands, 
where the Indians have selected their homes. It is not desirable stock 
range. 

Senator McCu3iber. As I understand this lease, the Indians living 
in that section are allowed to place their cattle right in with the general 
herd! 

Senator Jones, of Arkansas. Not to exceed 100 head. 
Commissioner Jones. Any number. 

Senator Gamble. But they are obliged to pay for those above a 
hundred. 

Senator McCumber. How many of the Indians living in the section 
which would be included in the lease have more than a hundred head 
of stock ? 

Mr. Prime AU. Very few. They are less than 15. There are 15 alto- 
gether, but part of them live way down here [indicating] and some off 
the reservation. 

Senator McCumber. Then practically all of them would get their 
grazing done free during the summer under this lease? 

Senator Gamble. What objections do the Indians make to the leas- 
ing of these lands under these proposed leases that have been made or 
executed ? What are the substantial objections that they make ? 

Mr. Primeau. The objection is that there is plenty of vacant land 
that the cattle can graze on in the summer season, but in the winter 
they will naturally go down to the sheltered part of the reservation, 
where there is water and where the Indians are located with their 
cattle. If they should come in here [indicating] when they go north, 
they would take some of the cattle off with them and the Indians would 
have to follow them up to get back their cattle. 

Senator Jones, of Arkansas. That would apply to the Indians in the 
reservation ? 

Mr. Primeau. Yes, sir. 

Senator Jones, of Arkansas. And you say there are only fifteen? 

Mr. Primeau. Those are the ones who have a hundred cattle. 
There are 5,100 head of cattle in the one district, not including the 
Porcupine district. 

Senator McCumber. The Indians have to put up hay for their cattle? 

Mr. Primeau. Yes, sir. 

Senator McCumber. Therefore they want to keep their cattle 
entirely separate from the herders' cattle? 

Mr. Primeau. Yes, sir. 

Senator McCumber. And they could not do that if the lessees were 
allowed to drive their cattle down in the sheltered portion? 

Mr. Primeau. That is it. 

Senator Clark, of Montana. Have they fenced it? 

Mr. Primeau. No, sir; no fences, but gardens. 

Senator Clark, of Montana. If there are no fences to protect their 
own cattle and hay, the lessees' cattle placed there under the terms of 
the lease would sweep down and eat up everything in sight? 

Mr. Primeau. That is why the Indians object to the lease. 

Senator Clark, of Montana. The Indians i)robably would not have 
the money to build fences to protect their stock and their hay. 

Senator Jones, of Arkansas. How much of a modification of the 
lines of the lease would it require to cut out of the leased district the 
Indians you speak of with their 5,000 head? 

Mr. Primeau. This comes down to here [indicating]; it takes in 
that whole square piece. But the thickest part of the settlement, those 



leasing of INDIAN LANDS. 



00 



who have regular homes built up and are doing nicely, live all through 

here I indicating]. ,. x- la 

Senator Clark, of Montana. That is Grand Eiver [indicating]? 
"jLTi* Pri'mi^'AU Yes sir 

Senator Jones, of Arkansas. How far up Grand Eiver do they live? 
Mr. Primeau. They live up here [indicating]; it is sparsely set- 

4'1/irl 

Senator Jones, of Arkansas. Is this [indicating] the line of the pro- 
posed lease? 

Mr. Primeau. No, sir; it is right here [indicating]. 

Senator McCumber. That is the line he said the Indians wanted. 

Senator Jones, of Arkansas. It includes all this? 

Commissioner Jones. Yes, sir. There are two leases, and the map 
shows the plot assigned to each one. The square portion in the south- 
east part has been leased to Mr. Walker and the other to Mr. Lemon. 

The Chairman. It is marked on the map? 

Commissioner Jones. Yes, sir. 

Senator Jones, of Arkansas. You say it has been leased? 

Commissioner Jones. I mean that it is proposed to be leased. 

Senator Jones, of Arkansas. Mr. Primeau, you think if the lease 
was modified, so as to extend the line (J miles into the Walker lease, 
there would be no objection on the part of the Indians to the Lemon 
lease extended in that way if the Walker lease was not made? 

Mr. Primeau. There would be no objection then. 

Senator Ga^ible. What is the character of the land on the reserva- 
tion east of those proposed leaseholds in regard to hay? 

Mr. Primeau. There is good hay. Of course, in that country it is 
all upland hay, and the people cut it in the ravines and lake^ beds. 
We can not mow it down like tame hay. We have to go otten lo miles 
for our hay. There is plenty of hay in here [indicating], but it is 
thickly settled from the Missouri clear up. 

Senator Gamble. Would there be sufficient hay to be cut on the 
reservation that is not proposed to be leased to take care of the stock 
of those Indians who are situated within the leaseholds? 

Mr. Primeau. Yes, sir; if it was within hauling distance. 

Senator Gamble. How far would they be obliged to haul it? 

Mr Primeau. It depends upon what part a man lives in. It is o6 
miles from this line out here [indicating], and from there down here 
[indicating] it is about 35 miles. , .^ t^ ,. 

Senator Jones, of Arkansas. As it is now, do the Indians save any 
hay on the land you might designate there as the Lemon tract? 

Mr. Primeau. They cnt some up there [indicating on map], but 
this land we are not using, because it is not desirable. 

Senator Gamble. How much hay was cut on the Lemon tract by the 
Indians during the last season, and how many Indians cut hay, if you 

can tell 
Mr. Primeau. I have not the list here. I gave the list to the 

Commissioner. 

Senator Gamble. About how many? 

Mr. Proieau. Oh, perhaps 30 families, 35, possibly 50. 

Senator Gamble. How many families on the Walker tract cut hay, 

and how much hay did they cut? . . ., mu ^ n 

Mr. Primeau. There are 201 families living in there. That would 

run down to that [indicating]. 

Senator Dubois. Three hundred families in all. 

Senator Gamble. Restate that. How many ftiinilies are there on 
the Lemon tract! 



56 



LEASING OF INDIAN LANDS. 



Mr. Primeau. There are, 1 think, about 40. I am just guessiug. 

Senator Gamble. How many are there on the Walker tract. 

Mr. Primeau. It would be that much off 261. 

Senator Gamble. Over 200? 

Mr. Primeau. Yes, sir. 

Senator McCumber. What is the statement of Mr. McLaughlin— 
to the effect that there are not 50 families within the limits of both of 
these leased tracts ? 

Commissioner Jones. Yes, sin 

Senator Gamble. Whereabouts do you live? Where is your resi- 
dence? 

Mr. Primeau. Mine is right outside this inclosure altogether [indi- 
cating]. I live on Oak Oreek, a little tributary that runs in here 
[indicating]. 

Senator Gamble. You are entirely familiar with especially the Walker 
tract and the Lemon tract? 

Mr. Primeau. Yes, sir. I was born and raised right there. 

Senator Bard. How does this tract receive the name of the Walker 
tract and that the name of the Lemon tract? 

Senator Gamble. Was this map prepared recently? 

Commissioner Jones. We prepared that in the oflfice last week. 

Senator Jones, of Arkansas. How many cattle do you own? 

Mr. Primeau. About 195. 

Senator Jones, of Arkansas. Who is the largest cattle owner among 
the Sioux? 

Mr. Primeau. Mrs. H. S. Parkin. 

Senator Jones, of Arkansas. How many cattle has she? 

Mr. Primeau. Two hundred and fifty-five. 

Senator Jones, of Arkansas. She is the largest owner? 

Mr. Primeau. Yes, sir. 

Senator Jones, of Arkansas. Are there many cattle grazed by mem- 
bers of the tribe that really belong to other people? 

Mr. Primeau. Not any that I know of. 

Senator Jones, of Arkansas. There are no cattle brought on the 
reservation except those which belong in good faith to Indians? 

Mr. Primeau. That is all, on our reservation. 

Senator McCumber. Is this Mrs. Parkin, the wife of the storekeeper 
on the reservation? 

Mr. Primeau. He is dead — H. S. W. S. is the storekeeper. 

Senator McCumber. This is not his wife? 

Mr. Primeau. No, sir. 

Senator McCumber. Is it the wife of his brother? 

Mr. Primeau. Yes, sir. 

Senator Clark, of Montana. Is she a Sioux? 

Mr. Primeau. Yes, sir. 

Senator Gamble. You state, then, that the Indians will be satisfied 
with the upper lease as well as the Lemon lease, and the substantial 
objection is against the Walker lease? 

Mr. Primeau. Yes, sir. 

Senator Gamble. Is that the position the Indians take? 

Senator Harris. What do you mean by the upper lease as well as 
the Lemon lease? 

Senator Gamble. I thought there were three leases. 

Commissioner Jones. There are only two. 

Senator Gamble. I thought there were three. I thought the upper 
tract was leased to another party. 

The Chairman. Mr. Primeau, we will now excuse you. 



leasing of INDIAN LANDS. 



57 



STATEMENT OF L. M. STOCKTON. 

The Chairman. Mr. Stockton, whom do you reprcsen. 

Mr. Stockton. I represent the Boston Indian Citizenship Commit- 
tee. As it appears that the Indians do not consent to this lease, they 
wish to protest against it. If, however, a lease is to be made of any of 
the lands, they would suggest that it be made as far as possible from 
the present settlement. We have very insufficient facts in regard to 
this matter, but I think Miss Lord, who has been out there with the 
Indians for some time, can iflake a statement which will be of interest. 

The Chairman. If she knows the facts, we shall be glad to hear 
from her. 



STATEMENT OF MISS MAET P. LORD. 

The Chairman. Miss Lord, we shall be glad to hear anything you 
have to say. 

Miss Lord. I know nothing of the legal facts in the case. 

The Chairman. Have you been out there? 

Miss Lord. I lived between six and seven years on the reservation 
on Grand River as a missionary among the Indians. I have no per- 
sonal interest whatever in the matter. 

The Chairman. You say you have been there how many years? 

Miss Lord. Between six and seven years. I have lived on Grand 
River. I havetJriven from the Missouri River to within a few miles of 
the western boundary, and from the northern boundary down through 
the reservation into the Cheyenne Reservation. 

The Chairman. What have you to say as to this lease? 

Miss Lord. Will you allow me to state just what are the conditions 
there? 

The Chairman. State it in your own way. 

Miss Lord. What I shall say is from my own observation during a 
residence of from six to seven years in an Indian village on the Stand- 
ing Rock Reservation as missionary to the Indians. 

Though located on Grand River, 1 have driven from its northern 
boundary to its southern, and from its eastern to within a few miles of 
its western boundary. The one most striking feature of the country is 
its lack of woodland and of streams. The latter are .sometimes from 
10 to 15 or 20 miles apart, and some of these dry or nearly so during 
the late summer and fall. And during the winter, in places where the 
water is shallow, it freezes throughout its entire depth. Trees grow 
only along these water courses, with occasionally a stunt^^d growth in 
some deep ravine. 

The climate is not adapted to successful farming, as it is only in 
exceptionally rainy seasons that crops can be raised, although each 
spring the Indians plow and plant, hoping for some return, instead of 
which so often come only drought and heat and scorching winds. 

I might add that there are large tracts of land on these reservations 
where only the cactus, sagebrush, prairie dogs, and rattlesnakes can 
live and thrive. 

The one industry which seems open to these Indians as a possible 
means of self-support is that of cattle raising. In this progress has been 
slow, but for this the Indians are not wholly to blame. It is not from 
indifference, or viciousness, or laziness that their cattle have starved 
and frozen to death and that the herds have not increased, so much as 



58 



LEASING OF INDIAN LANDS. 



it lias been through ignorance of the care that was necessary to the 
well being of their stock, ^or did they realize what that well being 
represented to them in money value. 

These things, however, they are learning gradually, and, as a conse- 
quence, they are putting up more hay each year, neighbors often vieing 
with each other as to the number of loads. During the haying season 
it is the one topic of conversation, and for weeks sometimes the village 
is nearly depopulated, because the Indians are out in their haying 
camps. Some have purchased their own implements, and therefore do 
not have to wait their turn for the mowii|^ machines which have been 
issued by the Government for their use in common. As the putting up 
of hav is so essential to provide for their stock during the deep snows 
and fierce blizzards of a Dakota winter, it is necessary that each Indian 
shall have his hay land reserved, as well as his grazing land. This hay 
land is sometimes from 5 to 10 miles from the Indian's home— Mr. Pri- 
meau has said as far as 15 miles— as the latter must necessarily be 
along the water course for the wood supply, while the hay land may 
be back on the high prairie. 

I have alluded to *some of the external conditions. Still another 
phase of the question is quite as important. As yet they are like little 
children in character, untrained and undeveloped, yet with natural 
traits that are capable of development into a strong, tine manhood and 
womanhood— natural characteristics of strength and gentleness and 
reverence, which I trust will never be eliminated by contact with our 
own less reverent race. 

They are now in the most critical transition state.* As one of our 
native pastors wrote me of his flock, " They are like newly plowed 
ground." They are at the point where they need both precept and 
example, and both of the very best that can be given them. A parent 
would not say, *' Anybody will do for a kindergarten," and it is equally 
true that *^ anybody" will not be a success on a reservation. 

If the Indians are really to be helped to become good citizens, they 
must have among them men and women who in their own lives at least 
endeavor to keep somewhere near to the ten commandments. If the 
incoming of cattlemen at this critical time will secure to them this 
kind of neighbors, then they can afford to make some concessions of 
land, for this, as we know, has been irom the beginning one of the 
Indians' greatest needs, and from the lack of it have arisen endless 
complicatimis. The only power, as I believe, which will settle the 
Indian question and settle it satisfactorily and forever is the power of 
God. If the cattlemen will bring the Indians this, let them come. 
"In God we trust." 

Senator Platt, of Connecticut. May I ask a question. Can the 
Indians themselves, now, or in the future, utilize all this vast reserva- 
tion for cattle? 

Miss Lord. I can not state positively, but I do notice from what has 
gone before that they have taken into account only the number of cattle 
the Indians now have. We are hoping for a large increase in that 
number. We need more cattle to start out with, and we hope certainly 
for an increase; and for the increase of the herds they surely must 
need more land than they use at present. But as to the amount of 
land necessary, I am unable to say. 

Senator Jones, of Arkansas. Do the Sioux Indians sell any cattle 

now! 

Miss Lord. Yes, sir. 



LEASING OF INDIAN LANDS. 

ADDITIONAL STATEMENT OF LOUIS P. PRIMEAU. 



59 



Senator Jones, of Arkansas. Do the Sioux Indians sell any beef 

cattle ! 

Mr. Primeau. Yes, sir. The whole reservation sold about 1,800 

head. 

Senator Jones, of Arkansas. Have all the families cattle! 

Mr. Primeau. Yes, sir; almost every family has from 5 to 65 head. 

Senator Platt, of Connecticut. What was the question ! 

Senator Jones, of Arkansas. I want to know if every family in the 
reservation has some cattle? 

Senator Platt, of Connecticut. Does he say that! 

Senator Jones, of Arkansas. He said almost all. 

Mr. Primeau. Almost all families, with the exception of some old 
women. 

The Chairman., Do they cultivate the land at all! 

Mr. Pri]meau. Not much. 

The Chairman. What do they raise! 

Mr. Primeau. The Grand River is not a running stream. 

The Chairman. It is in a deep gorge? 

Mr. Primeau. Yes, sir; and through the middle of summer there are 

just pools of water. 

The Chairman. Are there any streams flowing that can be easily 

turned! . t». j 

Mr. Primeau. There are some few nearer the Missouri Eiver and 

branches of the Grand River. 

The Chairman. Do they now utilize those to any extent! 
- Mr. Primeau. No, sir. 

Senator Quarles. Would it be the wish of the Indians on the agency 
that we should take some of their funds and purchase cattle for them! 

Mr. Primeau. That is just exactly what they want. 

Senator Quarles. That is what they want! 

Mr. Primeau. Yes, sir. 

Senator Quarles. Are they in shape now, if that were done, to 

profit by it! 

Mr. Primeau. Yes, sir. 

Senator Quarles. And to take care of the cattle! 

Mr. Primeau. Yes, sir. Since the Government has afforded them a 
market for their cattle, they have noticed the good that comes from it, 
and they are all busy taking care of their cattle. They get the herds 
together, and chop water holes for them, and feed them hay all through 

the season, in good shape. 

Senator Gamble. How many cattle would you say are on that part 
of the reservation covered by the Lemon lease and the Walker lease? 
How many head of cattle are owned by the families on those tracts? 

Mr. Primeau. I could make a guess. We have 5,100 head in this 
district, but the modified proposed lease makes the line so far west to 
Bull Head station that it is difficult to say. I think I could safely say 

' Senator Gamble. Thirty-five hundred are owned by the 261 families ! 
Mr. Primeau. Yes, sir. 

ADDITIONAL STATEMENT OF WILLIAM A. JONES. 

Senator Quarles. Would there be any objection, if the Indians 
want it done, to applying the $40,000 of rent money toward the pur- 
chase of cattle and giving them to the Indians! 



()0 



LEASING OF INDIAN LANDS. 



Commissioner Jones. That is what we propose to do with it. 
Senator Jones, of Arkansas. Have they now any funds in the 

Treasury? , t j- 

Commissioner Jones. There is paid to the Standing Rock Indians 
annually $13,985.50 as their share of the Sioux fund. Out of that we 
can buy whatever is needed for the support of the old and infirm. It 
will leave a very small amount that can be applied to the purchase of 
cattle, but if this land is leased we propose to conserve this fund and 
buy cattle and distribute them per capita among the Indians for the 
purpose of increasing their herds. 

Senator Jones, of Arkansas. How long is the $13,000 a year to run! 

Commissioner Jones. It is their share of the annual interest on the 
$3,000,000 now in the Treasury to their credit. 

Senator Jones, of Arkansas. It is the interest on the $3,000,000? 

Commissioner Jones. Yes, sir. 

Senator Jones, of Arkansas. There is $3,000,000 in the Treasury that 

belongs to them? 

Commissioner Jones. The whole Sioux tribe. 

Senator Gamble. In addition to that ought there not to be credited 
to the Sioux Nation the amount of money they were to realize from the 
sale of their reservation in 1889, which became due 

Commissioner Jones. The ceded portion? 

Senater Gamble. The ceded portion, which became due nearly two 

years ago? 

Commissioner Jones. Yes, sir. 

The Chairman. How much would that be? 

Commissioner Jones. They have about 9,000,000 acres in round 
numbers still unsold, for which the Government agreed to pay them 
50 cents an acre, and it would amount to about 

The Chairman. That is not included in this reservation? 

Commissioner Jones. No, sir; that is the surrounding land ceded 
by them under the treaty of 1889. 

Senator Gamble. The white part? 

Commissoner Jones. The white part; but out of the proceeds of this 
settlement the $3,000,000 much be deducted. The $3,000,000 I under- 
stand was advanced by the Government. 

The Chairman. That would be about $6,000,000? 

Senator Clapp. About $2,000,000. 

Commissioner Jones. There would be a million and a half still due 

I should like to answer some of the statements made here by Mr. 
Primeau. The statement was made by Mr. Primeau that the Indians 
were forced into this leasing proposition for fear of the permit system. 
Now, there have been statements made all over the country by people 
who do not understand the conditions or the facts connected with the 
case that the Indian Office forced the Indians into this situation. 

Senator Jones, of Arkansas. Did you write a letter to somebody out 
there saying the permit system would be inaugurated? 

Commissioner Jones. No, sir; nor did anybody else. It has been 
stated here in the city of Washington and out there that Captain 
Tonner, my assistant, sent a message out there instructing the agent 
that if the Indians did not submit to the leasing proposition the permit 
svstem would be enforced. I will read you the correspondence, and 
tiie only correspondence the office has ever had in connection with the 
matter. 



LEASINC^ of INDIAN LANDS. 



(il 



ADDITIONAL STATEMENT OF LOUIS P. PRIMEAU. 

Senator Jones, of Arkansas. I wish to ask the interpreter if he did 
not say a while ago that he had a letter from the Commissioner to that 
eflfect ? 

Mr. Primeau. I have a copy of the letter dated October 9. I will 
show it to you. 

Senator Jones, of Arkansas. Perhaps that is the same letter you are 
about to read, Mr. Commissioner. 

Senator Quables. Is that the date of your letter? 

Commissioner Jones. No, sir; this is the first of the correspondence. 

Senator JOjSES, of Arkansas. Mr. Primeau, suppose you read that 
letter. 

Mr. Primeau. I will. It is as follows : 

Washington, October P, 1901. 
Geo. H. Bingenheimer, 

U. S. Indian Agentj Standing EocTc Agency^ 

Fort YateSj N. Dak. 

Sir: You are advised that the Secretary of the Interior, on the 4th 
instant, granted authority for the inauguration of the permit system of 
taxation for resident cattle and the permit system of pasturage for out- 
side cattle on the Standing I'ock Keservation, subject to the following 
conditions: The system shall be inaugurated to begin January 1, 1902; 
the rate for both resident and outside stock (whether horses or cattle) 
shall be $1 per head per annum; each family having rights on the 
reservation shall be exempt from the payment of the tax to the extent 
of 100 head, and shall be required to pay only for the excess; own- 
ers of outside stock shall pay for the full number of stock grazed; pay- 
ment shall be required semiannually in advance, and nonresident 
owners shall be required to give bond to secure the deterred payment; 
permits shall be issued for only one year. 

You are accordingly instructed to take immediate steps to inaugurate 
the permit system of taxation for resident stock, and the permit system 
of pasturage for nonresident stock, in accordance with the Secretary's 
authority and the instructions herein contained. 

The permit issued to both resident and nonresident owners will be 
the same in form. In the case of families having rights upon the res- 
ervation, they will be exempt from the payment of the tax to the 
extent of 100 head, and will be required to pay only for the excess at 
the rate of $1 per head per annum. Nonresidents will of course pay 
for the full number of stock grazed upon the reservation. Payment of 
rent must be required from both classes of permitees semiannually in 
advance; that is, one-half on January 1 and one half on July 1. Resi- 
dents of the reservation need not be required to give bond to secure the 
deferred payments; nonresidents will be required either to pay the full 
annual consideration in advance or to give bond with two or more good 
and sufficient sureties, to be approved by you, to secure the deferred 
semiannual payment. The grazing year will commence January 1, 
1902, and permits should be issued for one year only. A form of 
permit and bond to be used by you is transmitted herewith. A careful 
and accurate count should be made by you or under your supervision 
to determine the number of head of stock held upon the reservation 
by each resident family, and the number of head brought upon the 
reservation for grazing purposes by each nonresident. The sum 



62 



LEASING OF INDIAN LANDS. 



charged, $1 per bead, will be made for both horses and cattle. You 
should bear in mind that the system of taxation extends to all families 
having rights upon the reservation. The head of the family should be 
required to enter into the grazing permit. No permitee, whether resi- 
dent or nonresident, should be permitted to monopolize certain por- 
tions of the reservation to the detriment of other permitees, but judi- 
cious assignments of locations for each permitee should be made by you 
with a view to giving all permitees, so far as practicable, equal grazing 
and water privileges. 

The i)ermit and bond should be executed in triplicate, and when 
properly executed should be forwarded to this office for approval. All 
moneys collected by you under these instructions should be deposited 
in the Treasury in the usual manner to the credit of the Indians, and 
should be taken up on your quarterly account as miscellaneous receipts. 
Class III, proceeds of grazing. 

Should you meet with any special difficulty in carrying out these 
instructions, the same should be promptly reported to this office. 
The matter should receive immediate attention, that the system shall 
be in wording order on Jannary 1, 1902. Due care should be taken by 
you not to admit such number of outside stock as to overgraze the 

lands. 
Please acknowledge receipt of these instructions. 

Very respectfully, 

W. A. Jones, Commissioner. 



ADDITIOHAL STATEMENT OF WILLIAM A JOHES. 

Commissioner Jones. I will state that a similar letter was sent to all 
the agents on the Sioux reservations. Information was received at 
the office that a large number of cattle were being grazed on these res- 
ervations illegally. The office did not have sufficient police to keep 
them out and no funds to employ more. 

At the suggestion of some of the agents it was decided to get what 
revenue we could from this illegal occupation by charging $1 iper head 
on all the cattle we could find so grazing. 

There was no intention nor desire on my part, nor anyone connected 
with the office, to force the i)ermit system or the leasing system on these 
Indians. The agent states that he so informed the Indians when the 
subject was discussed. 

Senator Jones, of Arkansas. This letter did not say that. 

Commissioner Jones. What is that? 

Senator Jones, of Arkansas. This letter did not make that state- 
ment. 

Commissioner Jones. I did not see anything in the letter 

Senator Jones, of Arkansas. It seems to be absolute in its terms. 

Commissioner Jones. There is nothing absolute in it. 

Senator Jones, of Arkansas. I know you could not violate the law, 
but the question is whether the Indians knew it. 

Commissioner Jones. Mr. Bingenheimer told me this morning that 
he instructed the Indians to that effect, and that the councils held at the 
several farming districts were so instructed. The letters preliminary 
to this whole matter are dated last spring, and I would like to read yon 
the message which has been so much harped about, it being alleged 
that Captain Tonner forced the Indians into this condition. When I 
was at the letting in 5sew York, he wrote me and told me the Indians 
were opposed to leasing or to the permit system, and I wrote him back. 



LEASING OF INDIAN LANDS. 



63 



■ 

Senator Jones, of Arkansas. The agent, you mean ? 

Commissioner Jones. No; the Assistant Cimiinissioner. 

Senator Platt, of Connecticut. Mr. Tonner is the Assistant Commis- 
sioner? 

Commissioner Jones. He is the Assistant Commissioner. I wrote 
him back as follows : 

Depaktmknt of thk Interior, 

OiFiCK OF Indian Affairs, 
Warehouse, Nos. 77 and 79 Woostei' Street, New York, May 15, 1901. 

Hon. A. C. Tonner, 

Acting Commissioner Indian Affairs, Washington, J), C, 

Dear Captain: I had mislaid your favor of the 10th instant, in relation to the 
grazing of cattle on the Standing Rock and the Cheyenne River reservations, until 
this morning. I am sorry the matter has been delayed so long. I do not see that 
we can do anything as the situation stands unless Agent Hatch 

Who is the agent at Cheyenne River 

Agent Hatch could persuade those Indians to accept the permit system. 

That was understood, that the Indians were to accept it or reject it. 

I would like very much to have the surplus lands on those reservations used for 
grazing, but can not do so without the Indians' consent, and it seems at present that 
we are unable to secure it. I would suggest that you correspond again by wire or 
mail with Hatch and Bingheimer 

He is the agent at Standing Rock 

as to whether the Indians have experienced a change of heart in connection with it, 
and if so, I would issue permits at once. 

In relation to the Cheyenne River Reservation, if the Indians prefer to lease their 
lands rather than to issue permits, I can see no objection whatever to gratifying 
their request. The agent, of course, would be the proper person to decide as to this. 
As matters are not settled here, I will not be home until the last of next week. 

With kind regards, I am, very respectfully, 

W. A. Jones, Commissioner. 

As a result of that letter, Captain Tonner sent this message to Bin- 
genheimer, agent at Standing Rock : 

[Telegram.] 

Department of the Interior, 

Office of Indian Affairs, 

Washington, D. C, May 16, 1901. 

Bingenheimer, Indian Agent, 

Fort Yates, via Bismarck, N. Dak.: 
The Commissioner, who is in New York, instructs me to again wire you with a 
view, if possible, of securing consent of Indians for pasturage of 10,000 or 12,000 head 
of outside cattle south of Grand Kiver, at the rate of $1 per head. Indian cattle 
not to be taxed as they now are at Kosebud and Pine Ridge. You should confer 
^ith Indians without calling general council, in view of prevalence of smallpox. 

Early action very essential. Wire answer. 

A. C. nner, 
Acting Comviissioner. 

There is no disposition on the part of the office, and 1 do not think 
there is on the part of Mr. Bingenheimer, to force these Indians into 
the permit system, or into the leasing of their lands; at least there is 

not on my part. 

Senator Platt, of Connecticut. Mr. McLaughlin said in his letter: 
"I was upon the Standing Rock Reservation, on leave of absence, 
several days during the month of October last, during which time a 
number of Indians called upon me and .discussed the question of leas- 
ing the reservation for grazing purposes, the majority of whom 



CA 



I 



LEASING OF INDIAN LANDS. 



expressed themselves as opposed to having cattle brought in under 
the leasing permit at $1 per head, they claiming that it would be impos- 
sible to keep an exact account of the number of cattle occupying the 
reservation, but all expressed a willingness to lease the western por- 
tion of the reservation at a certain price per acre." 

Commissioner Jones. I should like to say a word in regard to one 
statement Mr. Primeau made, that there are two hundred and some 
odd Indians on the tract proposed to be leased. I do not remember 
exactly the number of Indian families he stated were there. 

Senator Jones, of Arkansas. He said 261 families. 

Mr. PuiMEAU. In that district. 

Commissioner Jones. In that district. He submitted to me yes- 
terday a list giving the names of all the Indians living on the Grand 
Eiver in this proposed leased district, and this list was made up after 
consultation with the delegation that was here, and the total number on 
that tract is given at 176. 

Senator Platt, of Connecticut. Who made that up? 

Commissioner J</NES. Mr. Primeau. 

Senator McCumber. How many? 

Commissioner Jones. One hundred and seventy-six. 

Senator McCumber. Families? 

Commissioner Jones. Yes, sir; families. Those are all the Indian 
families given on the list as living within the proposed tract— the 
Walker tract and the Lemon tract. 

Senator Jones, of Arkansas. How did he make that up? 

Commissioner Jones. I do not know. He gave it to me yesterday. 

Mr. Primeau. That is the reason I wanted to know where the line 
crosses the Grand Eiver, so as to know where to begin. 

Senator Jones, of Arkansas. Did you make up this list from memory 
or have you a memorandum ? 

Mr. Primeau. That is the memorandum. 

Senator Jones. I mean, did you make it up from memory? 

Mr. Primeau. With the Indians who live there. 

Senator Clark, of Montana. Did you make it up? 

Mr. Primeau. Yes, sir; we knew every Indian there. 

The Chairman. You say you do not know where to begin the line. 

Mr. Primeau. There would be 391 families, running the line the way 
I have indicated, but after getting down here [indicating on map] it 
was modified. But in this way there are 10 west of it and 21 families 
east of it not included in that list. 

Senator Gamble. Tliirty-one families not included in that list? 

Mr. Primeau. Y'es, sir. 

Senator Platt, of Connecticut. Are they included in what is now 
proposed to be leased ? 

Mr. Primeau. That is hard for me to tell. I can not get information 
as to where the line will run. 

The Chairman. None of them can tell where it crosses the river. 

Mr. Primeau. If I knew where it crossed I could tell the exact num- 
ber of families. 

Commissioner Jones. This is all I have to go by. It is in writing 
by this gentleman himself. 

Senator Jones, of Arkansas. Mr. McLaughlin stated that there would 
be how many families embraced within the lease? 

Commissioner Jones. Fifty. 

Senator McCumber. Not to exceed 50. 

Senator Jones, of Arkansas. These Indians make it 176. 

Commissioner Jones. One hundred and seventy six. Whether some 



LEASING OF INDIAN LANDS. 



65 



of these are outside of the boundaries I do not know, but all that the 
delegation have submitted is 176. Where Mr. Primeau gets the 200 
and odd I do not know. 

The Chairman. He says there are 31 about which he can not say yet, 
because he does not know where the line will run. 

Commissioner Jones. He evidently knew where the line was to run 
when he gave me this list. 

Senator Jones, of Arkansas. He says there are 31 more families. 

Senator McCumber. There would probably be very little difference 
between you if you could find out exactly where the line is to run. 

Senator Jones, of Arkansas. Where will be the line of the lease? 
Where will it cross Grand River! 

Commissioner Jones. I do not know. Major McLaughlin and the 
Land Office 

Senator Jones, of Arkansas. That seems to be the trouble with Mr. 
Primeau. 

Mr. Primeau. The list shows, when it comes to any creek, the fam- 
ily, and it can not be disputed by McLaughlin or Bingeuheimer. 

Commissioner Jones. Nobody disputes it. 

Senator Jones, of Arkansas. It depends upon where you begin to 
count. If you begin at one place it is 261, and at another 176, and Mr. 
Primeau says he does not know where to begin and you say you do 
not know. 

Commissioner Jones. The statement that he made was that within 
the proposed leased tract there were this many families. 

Senator Platt, of Connecticut. How many ! 

Commissioner JONBS. One hundred and seventy-six. 

The Chairman. But both of you agree that you do not know where 
» the line is to run. 

Commissioner Jones. I do not know where he found it. 

The Chairman. Then there is no dispute. 

Senator Platt, of Connecticut. How many does he say this morning t 

Commissioner Jones. Two hundred and some odd. 

Senator Gamble. Two hundred and sixty-one. 

Senator Jones, of Arkansas. That is beginning at one place, but 
there are 40 families up to a certain place, and from there on there 
would be 260, less 38 or 40. 

Senator Gamble. In computing the 261 families, at what point on 
Grand Eiver did you commence? 

Mr. Primeau. That is what we call the Bull Head district. Living 
on Grand River there are 261 families in that district. 

Senator Gamble. Commencing at Bull Head station ! 

Mr. Primeau. That was at first, when the proposed line was to run 
from the southwest corner of the reservation, 56 miles, and it left this 
24 miles of space there [indicating], and from that point [indicating] it 
takes in part of another district. There are 261 families in our district, 
and then several families — I have a list of them — that belong to the 
Oak Creek station. Counting that line as just proposed, there would 
have been 291 families, but I can not tell where to begin to count those 
families. They do not seem to know just where it is going to cross 
Grand River. If I knew what house to begin with, I could count up 
and tell exactly the number of families, but on the list I made it clear 
by showing the different branches of the creek— so many families on this 
and so many families on that. 

The Chairman. Do you know the distance east and west across both 
the proposed leases ? 

S. Doc. 212 5 



66 



LEASING OF INDIAN LANDS. 



Commissioner Jones. No, sir; I do not. 

Senator Jones, of Arkansas. Do you know the width of the proposed 
leased district now ? 

Commissioner Jones. No, sir. 

Senator McCumber. Is it not described by metes and bounds! 

Commissioner Jones. Yes, sir; in the pro]>osed lease. 

Senator McCumber. By references, etc.! 

Commissioner Jones. By longitude and latitude. 

Senator McCumber. Then we can ascertain definitely. 

Senator Jones, of Arkansas. Has this reservation ever been sur- 
veyed ! 

Commissioner Jones. I think most of it has been. 

Senator Gamble. I think nearly all of it has been surveyed. 

Senator Jones, of Arkansas. You can count the township lines and 
easily figure up the width of the proi)osed tract. 

Senator Clapp. I should like to ask the commissioner a question. 
Can you tell approximately how much there is now, independent of the 
proceeds of these leases, which could be used to buy cattle for the 
Indians who are on the reservation! 

Commissioner Jones. It would be, Senator, in round numbers, 
$14,000 a year for all purposes except schools. 

Senator Clapp. A million and a half would be left after taking out 
the three million? 

Senator Gamble. As I understand it, there are three millions cred- 
ited already to the Sioux Nation. 

Senator Clapp. That is a loan. 

Senator Gamble. They are entitled to approximately four and a 
half million dollars. The three millions of course would be deducted, 
which would still leave a fund of $4,500,000. 

Commissioner Jones. I do not so understand it. 

Senator Clapp. It would be a million and a half? 

Commissioner Jones. The three millions were advanced to them on 
the cession of the land. 

Senator Gamble. It would be $4,500,000. Fifty cents an acre on 
the 9,000,000 acres unpaid for by the Government would make a fund 
of $4,500,000. 

Senator Clapp. But the Government would reimburse itself for the 
loan of the $3,000,000. In the end the Indians would get only a mil- 
lion and a half? 

Senator Gamble. It would be four and a half millions? 
Senator Platt, of Connecticut. The whole Standing Rock Agency 
would have 84,500,000 when the matter is closed up. 

Commissioner Jones. Not the Standard Rock Agency, but the whole 
Sioux Nation. 

Senator Gamble. Out of this fund, by Executive order, a part of the 
principal may be paid for the benefit of the Indians. Is that true f It 
is in some of the agencies, I know. 
Commissioner JoNBS. I do not know. 

Senator Gamble. I know it is true as respects the Sisseton and 
Wahpeton. 
Commissioner Jones. I do not know about the terms. 
Senator Gamble. I do not remember the provisions so as to be able 
to say whether, if there was a necessity for stock, it could be taken from 
the principal, if it was thought wise or whether it would have to be 
appropriated by Congress. 
Commissioner Jones. Congress can do it. 



leasing of INDIAN LANDS. 



67 



Senator Jones, of Arkansas. Are there any other claims against the 
Government by these Indians? 

Commissioner Jones. Under the treaty of 1889 they were granted 
certain concessions until they become self-supporting. 

Senator Platt, of Connecticut. Do we pay them something 

annually? 

Commissioner Jones. Yes, sir. 

The Chairman. How much do we pay them annually? 

Commissioner Jones. I have here the financial statement of the 
Sioux tribe. This appropriation is an indefinite appropriation, because 
we do not know how much we want. Part of them are self- sustaining 
and part are not. Last year we paid the Sioux nation $942,347.»^ m 
cash ; that is, for employees in agencies and schools. For beet alone 

we paid them $485,148.52. , ^i. ^ x -x 

Senator Jones, of Arkansas. Let me understand the first item. 

You paid that in cash for agency , ^ , i 

Commissioner Jones. For agency employees and school employees; 

and then we purchased for cash . , , . ^ .t. i. a*. 4- ^u^ 

Senator Jones, of Arkansas. You paid that for the benefit ot the 

Indians. You did not pay it to the Indians. , . ^ ^^ . ^ ^^ 
Commissioner Jones. No, sir; we expended it for their benetit. 
Senator Jones, of Arkansas. For their benefit? 
Commissioner Jones. Yes, sir. We paid $485,148.52 tor beef which 

was issued to them. 

The Chairman. In rations! ^ . ^ . ^ 

Commissioner Jones. In beef rations. For other subsistencies— flour, 
sugar and coffee, and so on— we paid §178,656.05, making altotal for sub- 
sistence, for beef, flour, etc., of $663,804.54. That is outside of the cash 
we paid to the Sioux nation for maintenance of agencies and schools 
and other cash articles. 

The Chairman. And the $14,000 of interest? 

Commissioner Jones. Yes, sh-; that is paid them m cash. 

Senator Jones, of Arkansas. How; per capita? 

Commissioner Jones. The $13,000? 

Senator Jones, of Arkansas. Yes. 

Commissioner Jones. Yes, sir. , . .i a., i- i^^v 

Senator Platt, of Connecticut. That is only to the Standing Kock 

A^firencv ^ 
Commissioner Jones. Yes, sir; but that is their proportion. 
Senator Platt, of Connecticut. How much do you pay to the whole 

Sionx tribe? 

Commissioner Jones. A hundred and fifty thousand dollars— the 
interest at 5 per cent on $3,000,000. . ^ ..i *i K^„fo 

Senator Platt. of Connecticut. So they get one-tenth, or thereabouts. 

Commissioner Jones. We try to divide it in proportion to popula- 
tion as nearly as we can. . ^ e ^^ ^r 

So far as I am concerned, I do not care whether there is one foot of 
this land leased or not, but it seems to me that when the Government 
is paving out a million and a half to the Sioux people, they themselves 
oueht to contribute something to their maintenance and to reduce the 
amount of money that the Government is paying out to them every 
year as a gratuity. If they have lands which they are not using that 
we can lease, in this case saving about $40,000 a year to the Govern- 
ment, I think it ought to be done. I have no personal teeling m this 
matter, but there is a lot of idle land there now which is used neither 
by them nor by anybody else, and I think it only fair that they should 
contribute something to their own maintenance. 



68 



LEASING OF INDIAN LANDS. 



LEASING OF INDIAN LANDS, 



09 



Senator JONES, Of Arkansas. I understand tjiey do not object to 
th«t. thpv arewilliue to have tlie tract leased; but they object lo 
eating 'tl^ ^^^ZS. ot" land on which there -e I" Jian ^^^^^^^^^^^^ 
and they say they will have no hay supply if the ranges are run over 

by great herds of cattle. 5P..ii +1.0 /.nutftntion here 

Senator Platt, of Connecticut. It looks as if all the contention nere 

were aa to what the b^.undaries of the lease shall be. 

Senator Jones, of Arkansas. Exactly. f„^n;«<. liviiie in the 

Commissioner Jones. 1 will state as to the families ™^ m i^e 

•«"l^:X?uM"rr>o'yo. not ..,i.k, M. Co.".;-'»"-. *»» °" «>°- 
:snltation with the Indians here you could fix a ImeT 

Commislioner Jones. I could if 1 were let alone 

Tlie Chairman. Yon have been let alone. Ihere is nooouy lu u o 

'^Coinmissiouer Jones. Yes, sir; there is. t, ,;„„„ and settle it. 

The Chaieman. Suppose you meet with the Indians ana setwe 

atlSsf oflVailsrT^u = both the Walker tract and 
the Lemon tract? . 

. ^:^^^''!^^r^^^£:^^^Tr '^^L.-, an* then he 
.uSSJ^iS w'e-'rp r^i'^r.T^Zt^ the Wal... ..act 

have that done in case this line [!^^^f^*J°- ^^^what you said? 
and the Walker tract excluded. Was ^^^J ™/ ^^ Commissioner, 
Mr. rEiMEAU. Yesterday i«^;f^«J°V Ser fnv co^^^^^^ give 

^sir^ir ^ti^y rxd%rw^^^^^^^^ ^oi. back 

""The'cTAiRMAN. Dropping out t^- talker tra.t,wo^^^^^^^ consent 
to fix the lines 6 miles farther east and settle it in that way 

Mr. PEmEAT. ,^^^^/^^i,*^«/ro7osmon was to include the tract just 
Commissioner Jones, ^"e Propus ^ ^^^ ^^^^ 

as we marked it out t^f;;?' ^^'i^'^^^'e ffi ^« '^'^^ ^'^ ^^'^^^' 

n.^^?SMErJTt wtlo^aC^^^^^^^^ it was the Walker tract, 

-^gi^iS^^jS/S allowed U> fence a 



miles along that river, you would be perfectly willing to let that whole 

'^Mr. Primeau. I said there was no show of getting consent if they 
were shut off from their lowlands. .. t j • 

The Chairman. Dropping out the Walker tract, the Indians are 
willing to extend the line 6 miles farther east and let the lease be made. 

Mr. Peimeau. Yes, sir. 

The Chaieman. That will be satisfactory ? 

Mr. Peimeau. It will be all right. 

Senator Gamble. In regard to fencing along ^^randlliverd miles, 
to which the Commissioner referred, you would be satisfied to lease tne 
Walker tract if it were fenced, say more than 3 miles back, so as to 
leave sufficient space for hay for the Indians. ^^„j^« „„«„ 

Mr. Peimeau. Yes; that would be all right, if we could decide upon 

some plan of giving . 

Senator Gamble. Six miles each side of the river? 

Mr. Peimeau. Yes: that would be all right. 

Senator Gamble. If you fenced it 6 miles each s»de of the river 
would that exclude, then, largely all the Indians from the Walker lease? 

Mr. Peimeau. If there was a fence only on the north side, because 
a fence on the south side would be dangerous in case of a bhz/ard, as 
the cattle would drift and go against the fence and freeze to death If 
that was left free, with a fence miles north of Crrand River m the 
Walker tract, we could manage to get along. 

Senator Gamble. You would be satisfied ? 

renai™o»Ei,o?rrka„£'. toSd .he « B.iles include s„«cient 

'"Mr'°k'BLA;.'Yel°*'?°o? cen.se we often go farther, bnt we could 

° Th?€HiraMAM. You exclude ftom the lease all of the south side of 
thft river and 6 miles north of the river ? 

SeiX GamS.e! By what authority do you appear here represent- 
ing the Indians of Standing Rock Agency? mHian^ in rmm 

Mr Peimeau. When this proposal was sent out the Indians in coun- 
cil eathS together $200, and took a vote on it, and the ma)ority of 
Jhefespecthe bands and tLe chiefs signed their names to i; and they 
had th? chairman of the council and the derk put tj'eu' "ames to it 

Senator Gamble. I mean were you elected or appointed by the tube ? 

Mr. Peimeau. Yes, sir. ^.fu«.r«« 

Senator Gamble. To come here and represent them i 

Mr. Primeau. Yes, sir. 

Senator Gamble. You personally If 

Sena^t^r^A^MBLE' And then the delegation came with Mr. Bergen 

heimer? 
Mr. Peimeau. Yes, sir. ^,. , , ,• • ii.^ „ih,« 

Senator Platt, of Connecticut. Are the delegation m the city } 

Mr. Peimeau. Y'^es, sir. . ^ ■, • a 

Senator Platt, of Connecticut. And Major Bergenheimer ? 

Mr. Peimeau. Yes, sir. . ^ „ . , , 
Senator Platt, of Connecticut, lie is here i 

Mr. Peimeau. Yes, sir. „ . ^u ^« 

Senator Platt, of Connecticut. He is the agent? 

lenrtor'ffLAEKf o?Montana. How much land do you consider neces- 
sary for each head of cattle in that locality ? 



70 



LEASING OF INDIAN LANDS, 



Mr. I'KiMEAU. For grazing? 
Senator Clark, of Montana. For grazing. 
Mr. Prime AU. The year round! 

Senator Clark, of Montana. Yes, winter and summer. 
Mr. Prime AU. 1 should judge about 20 acres. 
Senator CLARK, of Montana. You think 20 acres is enough? 
Mr Primeau It would be: in some seasons perhaps it would not be. 
Sena^rCLlRk, of Montana. This lease provides for 40 acres to each 
head of cattle? 
SenaSLlTT,''oTconnecticat. Twenty would not be enough. 1 do 

''%^:ZvT^^^K::t^n^T.onm be in summer time. 

lenaJor vlS, of Connecticut. Senator Gamble knows more about 
it than I do but I never supposed 20 would be enough. ^„ 

'' Sor CLARK, of Monta^n\. Twenty would be enough msnmn^^^ 
fim," It would not be enough m winter. Of couise, l tto noii kuow 
Sctly thTnatu^e of the land, but usually it would be enough m sum- 

Senator MoCumber. Mr. Commissioner, could ^^.^^''11''^^^^^^'^^ 
Bergenheimer, and these gentlemen representing the Indians /et 
together and make the line of deinarcation with such a degre^^ ot 
celtainty that you can all agree upon it? Do you not think it is 

^^ Smlsiouer Jones. It is just as I told you before. If let alone, we 
**Senato; Gamble. You will not be interfered with by the com- 

""Commissioner Jones. The details ought not to be brought before the 
committee. It should not be bothered with them. 

Senator Jones, of Arkansas. Speaking for "/.f *' ^.^f ^J^^^„*^^^e 
Indians oueht to have land enough to graze all the cattle they nave 
or are likefy to liave, and they ought to have room enough Jo get all 
fie hay they need, f believe the reservation was set apart to take 
parP of the Indians. I think any arrangement to have lands leasea 
wWch the InSns do not need ought to be made; and I believe the 

5Lmis«Le" '8 step is a right one, The P^lyXSrindi^ns along 
fiYtpnt I am nretty doubtfu about interfering with the Indians aiong 
fhe river We ought to encourage those people to increase their herds 
Ind iSe themselves self-sustaining, and the only way to do it is to 
keep enough room for them to graze their herds on. 
Commissioner Jones. We provide tor that. (Commissioner 

<5Anntnr Pt ATT of Connecticut. I do not know what the Lommissiouer 
mP^nsTv outfide'influence, but I think the Indians ought to be reason- 
^^^^uIimnlihTG^^^^ ought to be reasonable and it seems 

?nmrvou call eet together on what this lease shall include, and it you 
can not^beurvfng tS some lease is for the benefit of the Indians, we 
twi i.nvp tn settle it I think vou should try it once more. 
''SmmlLiSner JONES. If I fail, I shall recommend that no leasing at 

^"senatTjoNES, of Arkansas. I believe the Lemon tract ought to be 
leS i do not think anything ought to be done in temper 1 think 
weougl.tto follow our judgmentsinwhatwedo I ^^ ^J^'i^^^^.V^^f* 
ot'countrv which the Indians do not need ought to be leased. The only 
?uSu is how much do they need; what part of the reservation ought 
to be reserved to enable the Indians to take care ot their cattle. If 



LEASING OF INDIAN LANDS, 



71 



they are a little unreasonable about it, it is no reason, I think, why we 
should not do just what ought to be done; and, so far as I am conceruec, 
I am willing, as a member of the committee, to take the responsibilitj , 
with the lights before me. and vote what I think ought to be done, i 
should be governed by the amount of land that is required for the 
Indians to tike good care of their stock and to give them plenty of room 
to increase their herds. We ought to induce them to do it, and a gooa 
way to induce them to increase their herds is to have a good pasture 
which is there before their eyes all the time. . . 

Senator Platt, of Connecticut. I assume that the Commissioner and 
the Indian agent do not want to do anything to the disadvantage ot 
the Indians, and it seems to me that the thing ought to be adjusted. 

The Chairman. All we can do is to turn it over to them and let 
them make another trial, and then if they can not adjust it the com- 
mittee will have to take some action. I suggest that the committee is 
of opinion that you should try it again. Let outside infl«e°ce keep 
away. Let them go to the Indian Department and have a consultation 

and let it be settled. , .^^ j- „j 

At 11 o'clock and 30 minutes a. m. the committee adjournea. 



Washington, D. C, Fe^miary ^, 1902. 

The committee met at 8 o'clock p. m. 

Present: Senators Stewart (chairman), Q^^^rks xMcCumber, Baid, 
Clapp, Jones, of Arkansas, Harris, Dubois, and Clark, of Montana. 

ADDITIONAL STATEMENT OF WILLIAM A. JONES. 

The Chairman. With reference to the subject of the leasing of 
StandingXck Reservation lands, we would like to hear from the 
ComSoner What is the matter with that lease ? Is it satisfactory 

'"coirSoneT JoneI' No; not entirely. I thought it .was until 
thiwSiTnr Tto is a delegation of Indians out here waiting to see 
the committee on the subject. 

Senator Jones, of Arkansas. Have you a lease >. 

Commissioner Jones. Yes. One lease is approved. 

Senator Jones, of Arkansas. ^\ hat lease is that < 

Tnmmiss oner Jones. What is known as the Lemmon lease < 

Senar Jones, of Arkansas. Are there any Indians on that tmct? 

Commissioner Jones. Yes; some. 

Senator Quarles. That is the northern part? 

f^nmmissioner Jones. The northwestern. 

SenTi Jones; of Arkansas. I thought there were no Indians on 

that at all? _. 

^^^iZlTi^^'S^^^ Indians are on that tract? 
S^SS'Zw n t d'"^lT be included in the northwestern 

P'^olSfoneTjoNES. Seven hundred and odd acres-T60 acres. 
TrSiRMlN Now, as to the Walker lease: Have you a copy ot 

that? 



72 



LEASING OF INDIAN LANDS. 



LEASING OF INDIAN LANDS. 



73 



\ 



Commissioner Jones. No; the Walker lea-se k in Chicago for the 
purpose of having the bond perfected. 

Senator Jones, of Arkansas. How many Indians live on the land 
covered by the Lemmon lease i 

Commissioner Jones. I could not tell you. 

Senator Quakles. I understand there are very few Indians on the 
land covered by the Lemmon lease. 

Commissioner Jones. They do not seem to know how many there 

are. 

The Chairman. You say those Indians are here! 

Commissioner Jones. Yes. 

The Chairman. Shall we call them in to see what they know about 

this matter 'i 

Senator Quarles. I do not think we ought do that. It would take 

all the evening to hear them. 

The Chairman. Do you think we ought to hear them (addressmg 
the Commissioner) ? 

Commissioner Jones. It is immaterial to me. 

The Chairman. Do you think they can throw any light upon the 

subiect • 

Commissioner Jones. They can not throw any more light upon it 

than they have heretofore. 

The Chairman. How about the other lea.se— the Lemmon lease ^; 

Commissioner Jones. The Lemmon lease the Indians do not object 
to, and never have objected to it verj' seriously. 

The Chairman. The Walker lease they do object to? 

Commissioner Jones. Thev have not objected to it, as was stated 
before you the other dav. Until this evening, they were sati^lied with 
it. The President discussed the matter with them and understood the 
situation— the character of the land and al?o the character of the 
Indians. Thev discussed the matter very thoroughly with the Presi- 
dent. He asked jMr. Primeau questions in regard to the matter and 
satisfied himself that it was advisable to lea^je the land. 

The Chairman. The President didf 

Commissioner Jones. Yes. - - . i. q 

Senator Harris. Has Mr. Primeau raised objections smce then i 

Commissioner Jones. 1 understand so. But he is out here now, and 
can answer for himself. 

Senator Jones, of Arkansas. Who is that? 

Commissioner Jones. Primeau, who was here the other evening. 

The Chairman. Have Mr. Primeau come in, and we will find out 

what he has to say. ^ i,, - nir 

Commissioner Jones. The agent is out here, and so is Major Mc- 
Laughlin. ,^, - ^M T IT 

The Chairman. Have Mr. Primeau and l»lajor McLaughlin come m. 
Commissioner Jones. And the agent akof 
Senator Quarles. Who is he f 
Commissioner Jones. Mr. Bingenheimer. 

STATEMENT OF G. H. BINGENHEDCER, UHITKB STATES INDIAN 

AGENT FOR THE STANDMO EOCX AGENCY. 

The Chairman. We want to inquire of you in regard to the matter 
of the lease of the Standing Rock Recurvation land. Are you the 
agent there i 



Mr. Bingenheimer. Yes. What is it you wish to know about it? 

The CHAiR]tfAN. We wish to know what land you proi)ose to lease, 
and what Indians are on it. 

Senator McCumber. One lease is settled. To which do you refer? 

The Chairman. I refer to the Walker lease. 

Mr. Bingenheimer. That is very indetinite. We c:in not deter- 
mine how many Indians do live on that tract. Ther j is no accurate 
map of the reservation. But the lease provides th;it if Bull Head 
Station should come within this tract the 6 miles .square are to be left 
out, and that would reduce it, I judge, to 75 families at least. But it 
is very diflBcult to tell. We can not locate them. 

The Chairman. How are you going to actf We do not recommend 
the leasing^ of lands that the Indians want to use. 

Mr. Bingenheimer. No; we do not propose leasing anything they 

want to use. 

The Chairman. How are you going to act in the matter? 

Mr. Bingenheimer. We can get the outside lines by going due 
north. That will give us the outside limit. To whomever is living 
within that limit, we purpose allowing 40 acres to each -critter;'' that 
is, 40 acres to each head of cattle or horses. 

The Chairman. How are you going to do that? 

Mr. Bingenheimer. By fencing in. 

The Chairman. They are going to fence it in? 

Mr. Bingenheimer.' Yes. The Commissioner offers them so much 

wire, so that they may fence it in. 

Senator McCumber. The lessee must fence it in f 

Mr. Bingenheimer. The lessee fences outside and the Indians mside. 
They will be given wire to fence oft' their tract. 

The Chairman. Are they protected from the cattlemen? 

Mr. Bingenheimer. Yes: bv such a fence. 

The Chairman. Can you give us some idea from the map what you 

propose doing? i -ru t 

Mr. Bingenheimer. Yes [pointing out on the mapj. itie lem- 
mon tract runs this way. Then it takes a jump and comes back here, 
and W. I. Walker's tract comes in here. 

The Chairman. That is what the Indians complain of. 

Mr. Bingenheimer. I did not know there was any complaint. 1 
thought it was all settled until this evening. 

Senator Jones, of Arkansas. Did they agree to the ^^ alker lease? 

Mr. Bingenheimer. Yes. i u . .. u 

Senator Jones, of Arkansas. You are the agent, and ought to have 

Mr. Bingenheimer. Yes; but T heard nothing about it to the con- 

^ sJiiator Jones, of Arkansas. They have been talkinor to the com- 
mittee for the last two or three weeks, and it is strange it has not come 

to vour ears. , . xi_ ti -j 4^ a i*^ 

Mr. Bingenheimer. This matter was before the President, and it 

was all explained to him, and the Commissioner is doing all he can for 

the Indians. , ^ .i t j- 4. 

Senator Jones, of Arkansas. I understood the Indians were not 

satisfied with the Walker lease. , ,^ , , ,, ^^ « «^uk 

Mr. Bingenheimer. They were when they took the matter up with 

the President. 



74 



LEASING OF INDIAN LANDS. 



LEASING OF INDIAN LANDS. 



75 



i I 



Senator McCumber. They were satisfied, but they made a new 
arrangement. Thej' went all through with it the other day. 

Senator Jones, of Arkansas. I understood the agent to say that he 
heard no objection on the part of the Indians. 

Senator McCumber. Since they had gotten it fixed up, I think he 
means. 

Mr. BiNGENHEiMER. Ycs; that is what I mean. 

The Chairman. Is there anyVjody here repre^senting the Indians? 

Mr. BiNGEXHEiMER. Yes. Mr. Primeau is the interpreter. He is 

here. 

The Chairman. He understands the subject, is familiar with it. We 
would like to have him state what the trouble is. 



ADDITIONAL STATEMENT OF LOUIS P. PRIHEAU. 

Mr. Primeau. The trouble is that the Indians want to know whether 
they are to be consulted as to the course of the fence to be run there. 

The Chairman. What do you object to in making the lease— what 
do the Indians object to? You can speak for them, I suppose? 

Mr. Primeau. They object because thej- are not consulted as to the 
course of that fence. 

The Chairman. What do they object to about the course of the 
fence? 

Senator Jones, of Arkansas. Would they be satisfied with it if they 
were consulted? 

Mr. Primeau. They want to be consulted as to what was the under- 
standing when they signed a certain agreement. 

Senator Jones, of Arkansas. If consulted, would they be satisfied? 

Mr. Primeau. Yes; if they got certain concessions, if it be within 
reason — something they wanted at the time they signed the petition 
to the Commissioner of Indian Affairs. 

The Chairman. Do vou know what the Indians want? 

Mr. Primeau. Yes; I know. 

The Chairman. Tell us in a short way what it is. 

Mr. Primeau (indicating on the map). This up here is the part they 
wanted formerly. The Lemmon ti-act of land comes in here where this 
mark is. It makes an L shape there. 

The Chairman. There is no objection to that now ? 

Mr. Primeau. No. 

The Chairman. Now, as to the Walker tract. What is the objec- 
tion to that? 

Mr. Primeau. That is thickly settled in here [indicating on map], 
and they would rather that the cattlemen should be separate from the 
Indians, and whatever is left to the Indians should be m common. 

The Chairman. They want the fence between the cattlemen and 
themselves, so that what thej^ have maj^ be in conmion ? 

Mr. Primeau. Yes; what is left they want for themselves. 

The Chairman. Is there any difficulty about doing that? 

Senator Quarles (to Mr. Bingenheimer). Is there any objection to 
doing that? 

Mr. Bingenheimer. I do not understand. 

Senator Quarles. They want the cattlemen separate from the Indians, 
so that whatever is left ma}^ be to the Indians in common. 




Mr. Bingenheimer. That is what the Commissioner is proposing 

to do. . 

The Chairman (to Mr. Primeau). Can you state any \^\nt for this 

fence ? 

Mr. Primeau. They are willing to give 25 milej^ of the western 

boundarv of the reservation clear through. 

Senator Jones, of Arkansas. Will that take in the Indians f 
Mr. Primeau. That will take in about tifteen or twenty families. 
Senator Jones, of Arkansas. Sioux ? 

Mr. Primeau. Yes. . i j j 

Senator Jones, of Arkansas. Do they object to those being included 

in that lease? 

Mr. Primeau. They did in the first place. But all they want is 

what is halfway right. 

The Chairman. They are willing to give a lease running for how 

many iniles? 
Mr. Primeau. Twenty-five miles. 
The Chairman. Running up to what? 

Mr. Primeau. The east and west line. * i . • j 

The Chairman (to Mr. Bingenheimer). Would a lease of that kind 

be satisfactory? 
Mr. Bingenheimer. I do not think it would. 
The Chairman. How do you want it? i - rp, 

Mr. Bingenheimer. The way I think it ought to be is this: Ihe 
Indians are continually complaining that they are not getting enough 
to eat. [Indicating on map.] Here they have a great, vast coimtry, 
the Grand River running in here, that they are gettmg nothing f roni. 
If it is excluded it would exclude the water, and it would be practi- 
cally useless. 

The Chairman. What is the lease that you wantf 
Mr. Bingenheimer. The proper lease. 

The Chairman. They say 25 miles. How far would you golf 
Mr. Bingenheimer. *^Forty-nine miles. 

The Chairman. And then straight up? r- :«• ^ i 

Mr. Bingenheimer. Yes. And here is the jump [indicating on mapl- 
The Chairman. That includes how many families f 
Mr. Bingenheimer. That would include, possibly, 80 families. 
Yes- I do not believe it would include any more than that. 
The Chairman. Eighty families means a good many persons. 

Mr. Bingenheimer. Yes. , ^r t^ • a u^ ^«i^ 

Senator Jones, of Arkansas. I thought Mr. Pnmeau said it would 

include 161? . . • -i 

Mr. Bingenheimer. Bull Head Station comes out, .six miles sciuare, 

which is very thickly settled. . 

Senator Jones, of Arkansas. Does not that come in the A\ alker 

lease i -• i j 

Mr. Bingenheimer. Six miles square is not intended to be leaded. 

That is cut out. . . • r* tu^ \v„ib.«r 

Senator Jones, of Arkansas. Answer my question. Doesthe W alker 

lease cover the Bull Head Station part of the country i 

Mr. Bingenheimer. We are not sure about that. 

Commissioner Jones. The lease provides that if that comes withm 
the boundaries it is to be taken out. 

Senator Jones, of Arkansas. I understand that. But I want to know 
whether it is included in the lines of the \\ alker lease or noti 



76 



LEASING OF INDIAN LANDS. 



Mr. BiNGENHEiMER. The surveyor who had a contract to survey it 
last vear Hjrured that from the west line of Standing Rock Keserva- 
tionto Bull Head Station was 50 miles. If that be correct, it is out- 
side of the lease. Hut it is not detinite: it has not been established. 

The Chairman-. What kind of lease are the Indians willing to make( 

Mr. Primeau. We are willing to give them 6 miles more. 

The Chair>lvn. There are 18 miles of difference between you i 

Mr. Primeau. Which is 18 miles across our reservation. 

The Chairman. The Indians could not throw any light on the sub- 
ject 'i That vou do not know ? .. ^.u i. 

Mr. Primeau. They could not tell you anything more than that. 
They could simply tell you what they originally wanted when they 
signed that petition and sent it in here. 

Senator Jones, of Arkansas. I would like to ask Cx>mmissioner 
Jones what he purposes doing with the Indians at Bull Head Station, 
the reservation outsider What is your idea of the way thej are to 
be taken care of i Are they to be included in the fence or seimrated 

from the inclosure? , . . . i rp. • 

Commissioner Jones. They are to be fenced m the inclosure. iheir 

holdings are to be fenced up. , . . . ^l ^.u 

Senator Jones, of Arkansas. Who is to do the fencing : they or the 

cattle men? , , , . . x * j.u 

Commissioner Jones. They are to do the fencing, but we fuimsh 

the wire. , , , x. • » x ;* 

The Chairman. How far would they have to haul the wire { is it 

on the land ? t,, ^ . -^ 

Commissioner Jones. I do not know. The agent has it. 
The Chairman. How do vou propose that they shall do the fencing 

to protect themselves from the cattle men i [Addressing Mr. Bingen- 

heimer.] , , . ^.u * it^ • aK 

Mr. BiNGENHEiMER. Thcic is no question about that. It is oo 
miles from Bismarck, and Fort Yates is 50 miles from the proposed 
lease; and when thev need the wire the Indians will haul it. 

Senator Jones, of Arkansas. Are the Indians to get the posts them- 
selves and set them ? ^xj^utut 
]SIr. BiNGENHEiMER. Ycs. The old men are not to do that, but we 

are to pav the able-bodied Indians to do it. 
The Chairman. The Government will do that? 

Mr. BiNCJENHElMER. YcS. , ^ ,. ^ j *u <■ 

Senator Jones, of Arkansas. I thought the Indians were to do that. 

Mr. BiNGENHEiMER. The able-bodied Indians do that, but the old 
men do not do it; the Government has it done for them. 

Senator Jones, of Arkansas. I want to know whether the Govern- 
ment does it or the Indians? , . T U XI T J- 

Mr. BINGENHEIMER. I say the Indians do it. I say. when the Indian 
is phvsicallv able to do that we give him the material out of which he 
can build his fence. If there be an Indian so old that he can not.do 
it, we hire an able-bodied Indian to build the fence for him. 

Senator Jones, of Arkansas. If he be able-bodied he builds the fence 

himself ? 

Mr. BiNGENHEDIER. YcS. . . , j. j . • u i 

Senator Jones, of Arkansas. If not able-bodied, you hire somebody 

to do it for him ? 

Mr. BiNGENHEiMER. Yes. 



LEASING OF INDIAN LANDS. 



77 



The Chairman. Y'ou allow the Indians 40 acres for each head of 
cattle. Are they to fence those lots separately, or are they to fence 
in common against the cattlemen i , . xu 

Mr. BiNGENHEiMER. If thev are close enough together thev may 
fence in one inclosure, and if they are too far apart they may inclose 

sepiiratelv. . ... . ^ 

The Chairman. If the 80 families are to fence up the given tract, 

there will be a good deal of fencing. 

Mr. BiNGENHEiMER. Each one fences his own tract. 

Senator Harris. The agent savs that they fence up their own tract. 

Mr. BiNGENHEniER. Ten miles and a half of fence, one man s hold- 
ing, have been figured on. , , .^ , » 

Senator Clapp. How much fencing would it be { 

Senator Jones, of Arkansas. Ten miles of fence. ^ , , .. 

The CHAIR5IAN. If thev are to fence it in separate tracts before the 
grazing season comes on this year they will have to work pretty lively. 

Senator Quarles. They can not do that. , . ^ * 

The Chairman. If thev fence all in common, and the Government 
furnish the wire and give them its assistance, it would be possUile. 

Mr. BiNGENHEiMER. They will have the fence up by the 1st of July 

or earlier than that. . xxi i„„ j„ 

Senator Jones, of Arkansas. The cattle running over the cattle lands 

will have no gi-ass to feed on in winter, and the guaranty that the 

Indians would have the fence up the 1st of July would not do much 

„ood— it would not keep the cattle fed very long. 
The CHAIR3IAN (addressing Commissioner Jones). Can you not make 

a contract with the cattlemen so that they shall make a fence around 

what they occupy and leave the other out i 

Commissioner Jones. What who may occupy i 

The Chairman. What the cattlemen may occupy. They can fence 
around it. Suppose they occupy three or four townships m there, 
they can fence right in there and exclude it from the range. 

Commissioner Jones. That would shut out all the water. 

Senator Jones, of Arkansas. Is there any water except in that one 

Commissioner Jon-es. I understand that is the best part of the 

^^*Mr. Primeau. There is plenty of water in there. That is the choice 
rnnjTP where cattle are thickest in winter and summer. . 

tommSionS Jones. I think that Major McLaughlin can explain 
that better than anybody else. 

STATEIIENT OF JAMES M'LATJGHLIH. 

Mr McLaughlin. Mr. Chairman and gentlemen of the committee, 
I was affent at Standing Rock for fourteen years, and am quite familiar 
w7th thf count, V. I looted the Indians that are along the Grand River, 
rominendng b^ck in the early eighties. Along on the line indicated^ 
rsupoi there are about 50 families. It is fifteen years since I left 
theT and I suppose a number of families have moved up the nver. 
I wat present w^en this matter was discussed last week m tte presence 
of the President, and, as I understand it, the agent and the interpreter 

"" The^cattlemln .should fence along and leave runways for the cattle 



78 



LEASING OF INDIAN LANDS. 



to get to the water [indicating on map]. They should shut in that 
entire tra<!t. That is the best portion of the cattle range. I know 
that 25 miles on this side would leave three or four families. Mr. 
Primeau states that there would be ten or fifteen. On the west side 
of the river, there are no Indians. That is for the protection of 
cattle. In dry and cold weather this would be valuable. What I 
understand from Mr. Primeau is, that you should have the Indians 
here and run fences inclosing 3, 6, 8, or 10 families, and have it so 
as to leave runwavs and driveways for the c-attle through to the river. 
There is a good deal of land to ^the south of the river that would be 
included in Mr. Walker's lease that would not be occupied at all unless 
a portion of the river were in it. 

The Chairman. You want runways. Can you put words in that 
lease whereby the cattlemen will be required to fence their land so as 
to leave the Indians outside of their fencing— that is. give them the 
chance to put their runways in and so fence their runways as to sepa- 
rate them from the Indians without compelling the Indians to build 

fences . 

Mr. McLaughlin. I do not think there is a very great change in a 
portion of that. I know that there are families— 8, 10, or 15— in one 
settlement, and then for 2 or 3 miles there is not one. 

The Chairman. Will the cattlemen make runways down there? 

Mr. McLaughlin. Those runways on the range could be a half 
mile, three-quarters, or a mile to 2 miles long, and direct to the river. 

The Chairman. Why can not the cattlemen make their runways 
and leave the Indians in possession of the lands they occupy ? Can not 

that be done ? 

Mr. McLaughlin. I think that could be done. 

Senator Jones, of Arkansas. How much of that ti-act is above the 
eastern part of the Leinmon tract? 

Mr. McLaughlin (indicating on map). Clear up here. 

Senator Jones, of Arkansas. Clear through the land included in the 

Lemmon lease? 

Mr. McLaughlin. Yes. ^ 

Senator Jones, of Arkansas. What reason is there why they would 

not have protection for their cattle in getting the water west of that 

western line. 
Mr. McLaughlin [indicating on map]. The lease would extend 

down here. ^ , n . 

Senator Jones, of Arkansas [indicatingl. But they would not come 

down here for water, would they? . tt /^ i 

Mr. McLaughlin. Yes [indicating on map]. There is Hot Creek 

and Kock Creek, and several others. ^ , . ^ 

Senator Jones, of Arkansas. The cattle in the winter would not 

come up here [indicating]. 

Mr. McLaughlin. No. , , , . , ^^ m j 

Senator Jones, of Arkansas. If they had this place 2o miles wide, 
it seems to me it would not be very far from here [indicating]; and 
there is no necessity for having access to this river here [indicating], 
if thev had 25 miles of access there. . 

Mr? McLaughlin. In the winter that creek usuallv has water in it. 
But I have known seasons when there was not a bit of water in it. 
Senator Jones, of Arkansas. Why can they not come to this 
creek here [indicating]? 



leasing of INDIAN LANDS. 



79 



Mr. McLaughlin. Cattle can not go more than 10 miles to water. 

Senator Jones, of Arkansas. Is it 10 miles to here [indicating]? 

Mr. McLaughlin. That is a creek. 

Senator Jones, of Arkansas. If they have creeks, there would be no 
necessity for going to the runway? 

Mr. IVIcLaughlin. If cattle have to walk 10 miles a dav back and 
forth, it walks the flesh oflf of them. 

Senator Jones, of Arkansas. If they have creeks up there [indicat- 
ing], there is no necessity for going to the water here [indicating]. 

Mr. McLaughlin. I have known that up here [indicating] to be 
without a particle of water in it. 

Senator Jones, of Arkansas. Then the necessity for having the cat- 
tle here [indicating]? 

Mr. McLaughlin. The same will apply to the eastern portion of 
the Lemmon lease. 

Senator Jones, of Arkansas. They must have water. 

Mr. McLaughlin. Then they could get water in Cedar Creek? 

Senator Jones, of Arkansas. They could not occupy the ground 
unless they could get to Cedar Creek. 

The Chairman. Can you word a lease so that the cattlemen may 
have a runway to the river and avoid taking in these families? 

Mr. McLaughlin. I think the lease is properly worded at the 

f)resent time. I think the understanding with the contractors and 
essees was that the tract is to be fenced with the runways, because 
Mr. Lemmon talked with me about having runways to the river. 

The Chairman. I do not think the Indians can build the fences in 
this year. 

Mr. McLaughlin. Those Indians are good fence builders. They 
canr build fences to equal the white men, and rapidly. The only trouble 
is to fence individual holdings, which would take a good deal of 
posting. 

Senator Jones, of Arkansas. In the lease which you have proposed ' 
here they are to immediately put fences all around the reservation? 

Commissioner Jones. There is no time in which to do it. 

Senator Jones, of Arkansas. I supposed it was required as a part of 
the contract that they should do it. 

Mr. McLaughlin. As a part of the contract they are to build a 
certain fence outside of the boundaries. 

Senator Jones, of Arkansas. There is no limit of time as to when 
that should be done? 

Commissioner Jones. No. They usually go to work in the spring 
when the weather will permit. 

Mr. McLaughlin. The cattle drift over there because there is no 
fencing. 

Commissioner Jones. That is the reason why 1 desire to have the 
Indians lease their land [indicating on map]. That is a portion that is 
overrun with other cattle. 

Senator Jones, of Arkansas. I can conceive that that would be so. 
Why is it not practicable for you to provide in the lease for the lessees 
to put fences around where there is an Indian settlement, a quantity 
of land needed for these Indians? While they are building those 
fences, why should not you put fences around to take care of the cattle? 

Commissioner Jones.^ I have no doul)t but that they will take care 
of everything the Indians want. 



80 



LEASING OF INDIAN LANDS. 



The Chaikmax. You will have to word it .so that it can be satisfac- 
torily arranged. Agree upon it with the cattlemen, and word it in 
your lease. 

Senator Harris. What is the ditference between doing it in that 
way and doing it as the Commissioner savs, so far as the cattlemen 
are concerned f Let the Indians do the work, and the Government 
furnish the wire. 

The Chairman. When you fence off separately you treble and quad- 
ruple the fences. They would want several in common, but not one 
for all of them. 

Senator Quarles. There is no objection to building. Suppose five 
or six of them want it through their land in common, there is nothing 
to restrain them from doing it, is there J 

Commissioner Jones. Nothing whatever. 

Senator Quarles. The Government furnishes the stuff: they do the 
work. It seems to me there is no hardship upon them. 
* Commissioner Jones. You have been feeding these Indians for a 
nuniber of years. Is it a hardship to require an able-bodied Indian to 
build his own fence i 

Senator Jones, of Arkansas. There is no objection to asking an 
able-bodied Indian to do it But to ask the men to build miles of 
fences, would be making a difficult job of it. 

Commissioner Jones. There are many families there with five men 
in them. 

Senator Jones, of Arkansas. Not five men? 

Commissioner Jones. Usually two or three grown men, and they 
can do it without any trouble at all. But if any man should be unable 
to do it, we will do it for him. 

Senator Clapp. I undei-stand they would not want to fence their 
grazing land; they would only want to fence the lands they want to 
use for water. 

Mr. PRniEAU. No; they fence each man's holding of 40 acres, unless 

there be a neighbor nearby, when they mav fence in common. 
Senator Clapp. They would be better off not to have any fence- 
Senator Quarles. I understand there is nothing to prevent the doing 

of that. Suppose six of them in common want their fence, there is 

nobody to restrain them from doing it. 

Senator Jones, of Arkansas. The statement was made that their 

mowing land was sometimes distant from their pasture land. If they 

are to fence in 40 acres, they would not have any meadow land at all. 
The Chairman (to Mr. Primeau). If you were to fence in your 

lands by yourselves, or separately, if you please, and you were to 

leave runways to go down to the river, could you carry that out? 
Mr. Primeau. Yes. That is what they want— the reservation on 

Bull Head Station— whatever is west of it to themselves, outside the 

limit. 

The Chairman. Who builds the outside fence? 

Mr. Primeau. The cattlemen have to build right around them. If 

they allow them to take this Walker tract, each man has to fence his 

holding. 

The Chairman. He may fence it bj- himself or in common with 

others i 

Mr. Primeau. Yes; if they are together. But they are very well 
scattered. 



leasing of INDIAN LANDS. 



81 



The Chairman. Are you satisfied that each man should fence his 
own holdings? 

Mr. Primeau. They can not dig post holes, and then wagon the steel, 
and sharpen the post, and set it in the ground. Thunder Hawk says 
he would not do it. He said he would stay on horseback and keep 
those cattlemen away before he would do the fencing. 

Senator Harris. How far would the post holes be apart? 

Mr. Primeau. Two rods. 

Senator Jones, of Arkanas. It would not be difficult for the cattle- 
men to build the fences. 

Commissioner Jones. The lower portion of lease, below the Grand 
River, is a large tract. If they take that tract they would have to run 
up probably 20 miles, including part of this [indicating on map]. There 
the}'^ could fence in the individual holdings or let them run loose. The 
ti'act is too large to fence in common. 

Senator Jones, of Arkansas. You do not seem to get my idea. 

Commissioner Jones. Possibly not. Steptothemap, andl willshow 
you what I mean [indicating on map]. The Indians are located on this 
Grand River. 

Senator Jones, of Arkansas. Yes; that is what I understood. 

Commissioner Jones (indicating). Here is a portion of pasture land. 
Here is a portion for the cattlemen. I do not understand what you 
mean. If they fence up that way they will fence out every tract. 

Senator Jones, of Arkansas (indicating). Suppose they build this 
line around here, then let them come down here, go across there, and 
then come down here, leaving this part of the reservation out of the 
pasture altogether. 

Commissioner Jones (indicating). Here is a part that nobody is 
using. 

Senator Jones, of Arkansas. There would be no difficulty about 
that. The chief objection I see about that is the one pointed out by 
Major McLaughlin, and that is the want of water. 

Commissioner Jones. What would j^ou do with this part of the 
tracts 

Senator Jones, of Arkansas. If they want that, they could run the 
fence on that side [indicating]. 

Commissioner Jones. But thej^ want access up there [indicating]. 
This part has 250,000 acres below this river. This whole tract, 460,800 
acres, takes in all this square portion. 

Senator Jones, of Arkansas. From the river down? 

Commissioner Jones. Yes. That river is above the middle section. 
There are only 200,000 acres north of the river. This part would be 
practically useless. Most of the Indians live along here [indicating]. 

Senator Jones, of Arkansas. Is there room enough along here 
[indicating] ? Is there pasture land enough for the Indians ? 

Commissioner ^Fones. Thev do not begin to occupy it. 

Senator HARms. Would the lessees require that for cattle, or the 
Indians ? 

Commissioner Jones. No. 

Senator Harris. They can let their cattle range with the lessees' 
cattle ? 

Commissioner Jones. Yes. 

Senator Harris. There is no difficulty about that. They can round 
them up and do away with this fencing altogether. 

S. Doc. 212 6 



82 



LEASING OF INDIAN LANDS. 



J '* 

u 



LEASING OF INDIAN LANDS. 



83 



Commissioner Jones. That is what I suggested. 

Senator Harris. Let it be for the benefit of the general range. 

Commissioner Jones. Yes. That was my suggestion in the first 
phiee. 

Senator Quarles. Will the Indians object to that? 

Commissioner Jones. That is what they are objecting to. In the 
Osage country there are hundreds of Indian cattle running along with 
the lessees' cattle, with a separate brand on them. 

The Chairman (addressing Mr. Primeau). The Indians with you 
want them separate? 

Mr. Primeau. Yes; they want them separate. 

Senator Harris. What is the objection they make? 

Mr. Primeau. It will precipitate trouble if those wild cattle are in 
with the Indians' cattle. Then they can not have any fencing of the 

meadows. . 

Senator Harris. The fencing of the meadows will be comparatively 
little trouble compared with the fencing of the ranges. 

Senator Quarles. There would be little trouble except in the round-up. 

Mr. Primeau. That is the trouble. There would be an open trail 
from the agency to the different towns where they hold United States 
court if the cattle ran together. 

Commissioner Jones. Just south of the Cheyenne River the cattle 
are running free without paving anything to the Government. It will 
be but a very little while before the condition on the Standing Rock 
will be the same as down here [indicating on map], and we will be 
helpless to protect the Indians. We could not keep them out. 

Senator Jones, of Arkansas (indicating on map). Does all that 
belong to the Indians? 

Commissioner Jones. Yes; the Sioux Indians. 

Senator Jones, of Arkansas. Are there any Sioux living on it? 

Commissioner Jones. Yes. They consented to lease this western 
portion of that reservation. 

Mr. Bingenheimer. It would be a considerable matter to the 
Indians— pretty nearly $40,000 a year. 

Senator Harris. Why should there be trouble with the cattle under 
their proper brand and the owners on the ground to look out for 
them ? I do not see whv there should be a trail open to any court. 

Mr. Primeau. There 'is a good deal of trouble over the calves, the 
maverick, as thev are called. The steers will go to the cows, or 
something of that kind, and different things of that kind will precipi- 
tate trouble. , . , . t 

The Chairman. The Indians are outside and W4sh to come in. 1 
would be willing to allow two or three of them to come in and occupy 
about five minutes of the time of the committee. 

Mr. McLaughlin (indicating on map). There is a trail 6 miles 
in wndth. Thev pay 25 cents a head for branding the cattle from the 
ranges and shipping them out in the fall. In this tract on the Grand 
River there is some of the very best land on the trail, and the cattle 
would eat the grass off and the Indians would receive nothing for it. 
I think it very important that this should be off from the other. 

The Chairman. Have the Indians come in for a moment. As we 
have received several letters from them, it might be well to hear them. 
Senator Quarles. They will be here all winter. 

The Sioux Indian delegation appeared before the committee. 



STATEMENT OF THUNDER HAWK (THROUGH THE INTERPRETER, 

LOUIS P. PRIMEAU). 

Thunder Hawk. The first time word was sent out that we wished to 
lease a certain portion of our reservation, we did not understand; but 
the second time we decided to lease a certain portion of the reserva- 
tion. 

The Chairman. What have vou to sav about the Walker lease ? 

Ihunder Hawk. We are willing to^ lease the land, but we want 
the privilege of designating the boundaries of the piece of land to be 
leased. 

The Chairman. Which boundaries are you willing to lease? 

Thunder Hawk. I followed down the half-mile posts between the 
two States, down here [indicating on map], until I got sufficiently far, 
and then I passed over south into Grand River, and then made a diago- 
nal line to my place. I think that we have been misunderstood in our 
proposition. This was decided upon in a general council of all the 
Indians, and there was a committee of three appointed, one of which 
was myself. Walking Shooter, and the agent, with the intei-preter, to 
see which way that line should go, and we have waited all winter with 
the understanding that in the spring we should go out and show the 
agent were the Walker lease would go. 

STATEMENT OF AN INDIAN DELEGATE (THROUGH THE INTER- 

FRETER, LOUIS F. FRIMEAU). 

The Chairman. The interpreter will show vou where the Walker 
lease would come. (The boundaries having been pointed out.) I ask 
you w hat objection there is to having it come down to where it would 
48 or 50 miles down there. What is the objection to that? ' 

The Delegate. My reasons for not wanting to lease that portion of 
the land are that we want that for ourselves, and we want to leave 
cattle and other things of that kind for future genei-ations. 

The Chair^ian. How many Indians are on that part of the reserva- 
tion ? 

, The Delegate. It is hard to tell just where that line crosses. 

STATEMENT OF ANOTHER INDIAN DELEGATE (THROUGH THE 

INTERFRETER, LOUIS F. FRIMEAU). 

The Chairman (the interpreter having pointed out the line referred 
to). How many Indians are there? 

The Delegate. From Bull Head Station up to where Thunder Hawk 
lives there are 172 families. 

Senator Jones, of Arkansas. Do any live beyond Thunder Hawk? 

Thunder Hawk. Quite a number beyond me. 

Senator Jones, of Arkansas. About how manj^ families? 

Thunder Haw k. I think, counting those living up the river from 
me, would make 117 families living up the river from me. 

Senator Jones, of Arkansas. How many living from Bull Head Sta- 
tion to bevond Thunder Hawk ? 

Mr. Primeau. One hundred and seventeen. 



84 



LEASING OF INDIAN LANDS. 



Senator McCumber. Sui)pose the line to run 2 miles west of Bull 
Head Station, then how main' families would be living there — assum- 
ing that your man was correct in his survey? 

Mr. Primeau. I judge about 10 families. 

The Chairman. Are there any other questions that it is desired to 
ask these Indians? If not, we will excuse them. 

The delegation retired. 



STATEMENT OF MR. WILLIAM M. SPRINGER. 

Mr. Springer. Mr. Chairman and gentlemen of the committee, 
the Indians have stated to me that they were willing to lease their 
unoccupied land; but that, in agreeing to that, it was understood that 
they were to designate themselves, b}' a committee of their own peo- 
ple, the lands that were unoccupied. Instead of that agreement being 
carried out, they say they have not been allowed to designate such 
land. They want now simply the privilege of designating the unoc- 
cupied portion of the land which tney are willing to lease. But thej^ 
are unwilling to rent those lands they want for their own purposes. 

The Chairman. Is there any way in which you can designate on the 
map, or bj^ words, in which the lease could be drawn to satisfy the 
Indians ? 

Mr. Springer. They explain that they desire a committee of three 
to go on the ground and stake off, as they say, the lands which they 
are willing should be leased, and the rest they want for their own pur- 
poses. They state that there was an agreement with the agent that 
they should appoint a committee of three persons to stake off the 
land. 

The Chairman (addressing Mr. Bingenheimer). Is that true? 

Mr. Bingenheimer. They were to go with me, and they were to 
assist me in marking oft* the entire land. 

The Chairman. Did you do that '( 

Mr. Bingenheimer. We have not had time. 

Mr. Springer. These leases cover lands that thej^ want to occupy 
themselves. 

The Chairman. That was the agreement, then; that they should 
designate what they wanted to lease and you were to go with them ? 
Has that been done ? 

Mr. Bingenheimer. No. 

Mr. Springer. If you take them around into the inclosure, they 
themselves will designate the land. 

The (yHAiRMAN. The lessees are to fence their own land? 

Mr. Springer. No; they are to fence themselves outside of the 
reservation. 

The Chairman. The lessees are to fence themselves out and leave 
the reservation to the Indians? 

Mr. Springer. No; the Indians are to be fenced out of their portion. 

The Chairman. Who is to build the fence between the Indians and 
the lessees? 

Mr. Primeau. The cattlemen. 

The Chairman. They are to build the fence? 

Mr. Primeau. Yes. 

The Chairman. Then they are to fence themselves out of the res- 
ervation ? 



leasing of INDIAN LANDS. 



85 



Mr. Primeau. Yes. 

The Chairman (addressing Mr. Bingenheimer). Was that the under- 
standing? 

Mr. Bingenheimer. You do not understand Mr. Primeau. 

Senator Clapp. He does not understand you, Mr. Chairman. The 
Indian is to build the fence around his own particular tract. Is not 
that the fact ? 

Mr. Springer. No. 

Senator Jones, of Arkansas. The Indians claim that they agreed to 
lease their unoccupied lands and that there was a committee appointed 
to designate what was unoccupied land. The agent said that was not 
done, but that they are leasing the lands that were not marked out, not 
unoccupied lands. 

Mr. Springer. That is correct. 

Mr. Bingenheimer. In the council the Indians agreed to lease the 
unoccupied portions of the reservation. Afterwards I went to the 
office, and the chiefs came in and said, '' We want Thunder Hawk and 
Walking Shooter to go with you and the interpreter to assist you in 
laying out this land." 

Senator Jones, of Arkansas. Pid you do it? 

Mr. Bingenheimer. No. 

Senator Jones, of Arkansas. Mr. Commissioner, you said that was 
not true. Whj^ not? 

Commissioner Jones. Simply because the lease provides that occu- 
pied lands shall be excluded. 

Senator Jones, of Arkansas. The statement was that the unoccupied 
lands were to be leased, and a committee was to be appointed to mark 
out the unoccupied land, and that has not been done. 

Commissioner Jones. The occupied lands are to be marked out. 

Senator Clark, of Montana. The converse of that is true. 

Senator Dubois. I would suggest that Mr. Springer state what he 
understands to be the understanding of the Indians, and then let the 
agent or Commissioner answer that and eliminate all the balance. 
Then we will understand what the difference is. 

The Chairman. Ver}^ well. 

Mr. Springer. The first proposition was to establish what was known 
as the permit system, a short term of lease. The Indians objected to 
that very much, and, as a counter proposition, suggested that they 
were willing to lease their unoccupied lands. The Indians in council 
wanted to designate what were unoccupied lands, and it was suggested 
to them that it would take too much time and trouble, and it would 
not do very well, but that they should make a short-time lease. Then 
there was to be a committee of three appointed. They were to go 
with the Indians and mark out, by stakes, the unoccupied portion 
included in the lease. As a corollary of that, when you mark off one 
you mark off the other. The committee was willing to do it; but 
without waiting for the committee to designate the land, the Depart; 
ment has proceeded to lease the land, whicS the Indians claim embrace 
some 300,000 or 500,000 acres of land which they have been using for 
pasturage of their own cattle and stock. 

If the Department will withhold this lease and allow the Indians to 
select three men — allow the committee to go out and stake off* the land 
that the Indians have leased, there will be no trouble. They should 
be marked off on the ground, as it can not be done on the map. It 
must be done on the ground. You can not tell where they have pas- 



86 



LEASING OF INDIAN LANDS. 



tiiros. They should go out .several uiiles. Thej^ should go along with 
the agent and stake ofi', with stakes large enough to be seen, everj^- 
where on the ground the lands which they want to lease. That has 
not been done, and the Indians are insisting that it should be done 
before anything else shall be done. They claim that the Lemmon and 
Walker leases embrace lands which they occupy for their own pur- 
poses, and which they never consented, in writing or otherwise, should 
be embraced in the leases with the cattlemen. 

The Chaiuman. Who was there when this was done? 

Mr. Springer. Mr. Primeau was there, and the agent was there. 

Senator Quarles. There is no difference between these parties. 

The Chairman. The agent will state, if he can, what the agreement 
was. Let us see if there be any disagreement. It appears to me that 
there is not much difference between them. What is the agreement? 
Has it been correctly stated by Mr. Springer? Wherein does he make 
a mistake ? 

Mr. BiNGENHEiMER. The Indians were told just exactly where it was 
to begin. They never said there were three Indians, but two. 

Senator Jones, of Arkansas. Never mind the number. You named 
three. 

Mr. BiNGENHEiMER. No; I did not. 

Senator Jones, of Arkansas. You said Thunder Hawk, Walking 
Shooter, Primeau, and yourself. 

Mr. BiNGENHEiMER. Mr. Primeau was the interpreter. 

The Chairman. Have .you done that yet? 

Mr. BiNGENHEiMER. No. It was cold weather, and we could not do 
it in the winter time. 

The Chairman. You and the committee were going to determine 
that? 

Mr. BiNGENHEiMER. They told me that after they agreed to sign 
this lease. 

Senator Quarles. If I understand aright, there is no trouble about 
it at all. That lease provides that the occupied lands shall be excluded 
from the lease. Is not that right? 

]Mr. BiNGENHEiMER. YcS. 

Senator Quarles. To make it conclusive, if that has not been done, 
put in the lease the manner in which that shall be determined. When 
that shall have been done, there will be no trouble at all. 

The Chairman. Let it determine the limits of the lease. 

Senator Quarles. They have not put in the method; but they say 
that the occupied lands shall not be within the lease. 

Senator Clark, of Montana. Is there a copy of that lease here? 
See what the lease itself says. 

Senator Quarles. It is said that that is the way it was understood — 
that that is the way it was to be marked out; they were to go and la}^ 
it out on the ground. You can not do it in any other way, because 
you have no accurate map. They have agreed to take three men. 
That is all right. Let them go and lay out their lines. 

Senator Harris. The Indians were to show them which were occu- 
pied and which were unoccupied lands. 

The Chairman. Put it in the lease that the lines shall be determined 
bv these three men. 

Mr. J. A. Truesdell. The lease is executed so far as it is possible,- 
and these Indians have not been consulted in regard to it. 

Commissioner Jones. The exterior boundary of the lease has been 



LEASING OF INDIAN BANDS, 



87 



designated in the lease. There is no question aliout that. I sav the 
interior portions which these Indians want to use for their ^ own 
purposes has not been designated. But the lease provides for anv 
holding which the Indians want under the lease. 

Senator Jones, of Arkansas. But that is not the agreement which 
these Indians say was the understanding of the lease. 

Commissioner Jones. It is the difference between tweedledum and 
tweedledee. 

Senator Jones, of Arkansas. There is a good deal of difference. 

Commissioner Jones. What is the difference f 

. Senator .Tones, of Arkansas. The committee was to point out to the 

agent what was unoccupied land. When you go out, you point out a 

lot of land they have not designated, and you say if there are some who 

do not want to stay in it they may fence oS their land. 

Commissioner Jones. Anj thing that is not unoccupied is occupied 
land. 

Senator Clark. It is all designated in this lease by metes and 
bounds. 

Commencing at the southwest corner of the reeenation, thence east along the 
boundary line between the Standing Rock and Cheyenne River reservations about 
nineteen miles to the range line between ranges twenty and twenty-one; thence 
north on said range line about twenty-four miles to the township line between 
townships twenty-one and twenty-two;* thence east on township line about thirty 
miles to the range line between ranges twenty-five and twentv-six; thence north on 
said range line to the north boun<lary of South Dakota; thence due north to the 
township line between townships one himdred and thirty and one hundred and 
thirty-one, in North Dakota; thence west on said township' line to the Cannon Ball 
(or Cedar) River; thence in a westerly and southwesterly direction along said river 
to the northwest corner of the reservation; thence south along the west boun<lary of 
the reservation to the place of l)eginning, containing an estimated area of 788,480 
acres, more or less. 

Mr. Springer. The onh^ difference is whether the Indians are to 
designate the unoccupied portions of tjie land or the Department is to 
do it. 

The Chairman. I believe in keeping faith. 

Mr. BiNGENHEiMER. I do uot Contend that the Indians were to tell 
me which were the unoccupied lands. 

Senator Jones, of Arkansas. Who Ls to do it? 

Mr. BiNGENHEiMER. I, as the representative of the Government, am 
to do it under the terms of the lease. 

Senator Jones, of Arkansas. What is the use of the Indians pointing 
it out at all if you are to do it under the terms of the lease ( 

Mr. Springer. The Indians were to designate by this committee of 
three the lands which are unoccupied. 

The Chairman. I would like to have the understanding of the 
Indians. 

Mr. Springer. We understood that we were to designate the bound- 
aries unoccupied; always understood that, and we are waiting the 
opportunity to do it. 

Senator Jones, of Arkansas. Did the}' all understand it so? 

Mr. Springer. Yes. 

Commissioner Jones. Here is the provision: 

It is also expresslj^ agreed that all allotments of land in severalty, and all farms, 
gardens, and other unproved holdings of individual Indians shall at all times Ix* kept 
free from damage or interference by the stock and employees of the said party of the 

second part. 



88 



LEASING OF INDIAN LANDS. 



Senator Jones, of Arkansas. That lease does not seem to go into the 

^^Ir^SraiNG'^R. It was with the grazing lands in the little inclosure. 
They wanted the range for their cattle. That is what they wanted 

^^The Chairm\n. The Indians were to lease unoccupied lands, and it 
was their understanding that there was to be a committee ot three 
appointed to designate them. That should be caiTied out. 
Senator Clapp. Who is to enforce that under this lease ( 
Mr. Springer. Who is to enforce it ? • 

Senator Clapp. The Department? 

Mr. Springer. If they will. .u k„ fi,« 

Senator Jones, of Arkansas. It was specifically set forth by the 

agent and by the Indians themselves, and: it seems to me there is no 

consent to anything else. . -. ^+ „^ 

Senator Clapp. Under this lease I do not see why they can not go 
on there and make this designation. 

Senator Jones, of Arkansas. This designation; yes. 

Senator Clapp. That is- what I say. 

Senator Jones, of Arkansas. These boundaries would not be 
affected bv the designation made by them. 

Senator Clapp. Cei-tainly not. 

The Chairman. Put that into the lease, and then there will be no 

question about it. 
Senator Clapp. That is what I say. ^ «r u- ♦-.« 

Mr Trcesdell. It was not until the Indians came to W ashington 
that thev heard what the proposition was -that they were to inclose 
their lands with a wire fence. The proposition is that the Orovern- 
ment shall furnish the wire, and the Indians shall get the posts, dig 
the holes, and put them down. But we do not know where the wire 
is whether at Bismarck or where. We do not know where the posts 
are And it puts upon the Indian with 100 head of cattle the neces- 
sity of putting up lOi miles of fence to close them in. 1 have figured 

it all out carefully. , . . , j. j • tu„ 

Senator Clapp. Where is the clause relating to Indians doing the 

fencing i 

Commissioner Jones. There IS none. ,, „ . ^ ,, •- 

Mr. Bingenheimer. When we came here, Mr. Primeau told me if 
the Indians were given the wire they would be satisfied. 

The Chairman. W^e want to keep the agreement. 

Senator Clapp. Are the Indians to have any right under this lease 
to have the limits under fence « , , . , j ,.u- 

Commissioner Jones. All the holdings are to be inclosed within a 

Senator Clapp. The question is whether that would cover grazing 

^Coiomissioner Jones. It covers all the Indian's allotment or 

*^Mr^^RUE<^DEix. If the Indian's cattle increase above 100 head, he 
may keep his cattle within this inclosure by paying $1.20 a year per 
head. But he must fence his cattle in there. , . 

Commissioner Jones. No; he may have his cattle wherever he wants 

The Chair:man. Is there any difficulty in wording the lease so that 



LEASING OF INDIAN LANDS. 



89 



the designation may be made according to the agreement— that the 
boundary shall be designated by this committee which you have agreed 
upon? Is there any difficult v about that ^ . 

Mr. Springer. The difficult v is this: They want to preserve their 
range privilege. If you will allow the Indians to point out the bound- 
arv of the unoccupied lands, thev will make no objection. 

The Chairman. With that provision in it, the Indians will have no 

objection? .- , , . .. • i • 

Mr. Springer. The lease will be made if the desisrnation is made in 

The Chairman. Suppose you make a lease now declaring that the 
boundaries shall be as designated by that committee? ,.,11 

Senator Harris. You can not make a lease until the boundaries shall 
have been designated. 

The Chairman. Yes; vou can make an agreement. 

Senator Harris. You ^ may give them the power to designate the 

limits of the land to be leased. ^ xu i- v t 

Mr. Springer. Yes; give them the power to designate the limits of 

Senator Clark, of Montana. Has not this lease been already 

px^ecuted 
Commissioner Jones. One of them has been executed— the Lemmon 

The Chairman. The Lemmon lease does not interfere with the posi- 
tions of the Indians. , . .. 
Mr. Pmmeau. It would, but they are willing to concede that if you 

will fix the Walker tract. , 

Senator Clark, of Montana. The Walker lease has not been 

^Th"e Chairman. No. Why can you not make the Walker lease read 
so that the boundaries may be fixed by this committee, letting the 
other, the Lemmon lease, stand? . 

Commissioner Jones. It depends on what you call the boundaries 
If thev be what the Indians may designate, simply the portion they want 
to lease, and exclude the other, you might «^<^lf^t^eIJmmon lease. 
The Chairman. Have vou made an agreement with the Indians « 
Commissioner Jones. The agent said there ^»« "« *^gff '"fjj- ^. „ 
* Senator JoNES, of Arkansas. He said there was. The law requires 
thaTJhe consent of these Indians shall be had with regard to whatever 
sha 1 be done with this land; and the statement was made by the agent 
?ha theselndians, in their council, provided that a committee should 
be appointed to designate what were the unoccupied lands, and there 
can ETnothing else fone under the law in i^gard to this agreement. 
Commtion^er Jones. There is nothing of that kind on tBe record 
Senator Jones, of Arkansas. It makes no difference what is on the 

"■^(Smmissioner Jones. The agreement was that they should lease the 

"XTNGEiHtniKR. We had our council of Indians, and they agreed 

to lease this land. . j i j ,, 

The Chairman. The unoccupied lands f 
Mr. Bingenheimer. Yes; the unoccupied lands. 
The Chairman. What is your undei-stand.ng ot/I'«(;««P;fJ rj,,^ 
Mr. Bingenheimer. They came to me and said. We want Ihun- 



90 



LEASING OF INDIAN LANDS. 



der Hawk and Walking Shooter to assist you and the interpreter to go 
out there and stake it out;'' and I agreed to it. 

The Chairman. You agreed to it. Then they wanted you and these 
gentlemen to la^' out the unoccupied lands? 

Mr. BiNOEXHEiMER. Yes. 

The Chairman. Why should it not be done now? Why not do just 
what you agreed to do^ Then it would be entirely satisfactory to the 
committee and every bod\^ else. 

Mr. BiNGENHEiMER. Let me go home with the Indians and hav e the 
outsiders let them alone, and the Indians will be satisfied. 

Senator Jones, of Arkansas. So far as I am concerned, I will say 
that the law requires that these Indians shall consent to whatever lease 
shall be made, and, according to your statement, they were to point 
out what were unoccupied lands. That is the understanding. So far 
as I am concerned, I do not purpose leaving it to you to say that they 
shall agree to a lease that they have not consented to. 

Mr. Springer. You have heard all you desire to hear from the 
Indians, I presume? 

The Chairman. We have all the information from them we desire. 

Mr. Truesdell. It ought to be stated here that the Indians will 
make a statement if you desire it. The Indians did not desire to make 
any lease whatever. The initiative came from white men. They are 
opposed to giving up occupied or unoccupied land. It is only under 
coercion that they want to make any lease at all; it was because of a 
petition sent here. If you want to ask the Indians about that they 
will so say. 

Commissioner Jones. Before that gentleman leaves, and as Mr. 
Primeau is here, in justice to the Department and the agent, I wish to 
say that I have received a communication stating that Mr. Primeau 
was employed bj^ the St. Paul road to go around among the Indians 
this fall and persuade them to lease these lands, as the St. Paul road 
was very anxious that that range should be occupied. Mr. Primeau 
entered into an agreement with that road, and was to be paid by that 
road for his services. But now Mr. Primeau comes here and tries to 
defeat just what he offered to do, and did do, for the St. Paul road. 

Mr. Primeau. I never offered to do anything. 

Commissioner Jones. The officer told me that the terms proposed 
by you were that you were to receive $500 in cash and an annual pass * 
over the road. They told Mr. Primeau that until they heard from 
their agent who was out there, and whom they had hired to do that 
work, they could not settle with Mr. Primeau. The imderstanding 
was that he was to go and induce these Indians, which he did, to 
sign this agreement, which was sent to the office by 771 of the Indians 
consenting to lease their land — the unoccupied portion of the land. 
Why Mr. Primeau has changed his mind I do not know. 

Senator Harris. You had that information from the officer of the 
road ? 

Commissioner Jones. Yes. 

Senator Harris. Will you give the name of the officer of the road? 

Commissioner Jones. Mr. Calkins. 

Senator Harris. I think we should have Mr. Calkins before the 
committee. 

Mr. Primeau. I did work to get a lease to have the Indians get a rev- 
enue out of the unoccupied portion of the 900 square miles of the north- 



LEASING of INDIAN LANDS. 



91 



west corner of the reservation, and it was on mv reconnnendation and 
talk that they agreed to do that; but when thev came down here it 
was something else. 

Mr.. Truesdell. Dr. Merrill E. Gates has inquired into this verv 
thmg. The Commissioner told me this on Saturdav last without giving 
me his authority. I thought it was not true theni and I have satisfied 
m3^self since that it was false. 

Commissioner Jones. That is a pretty bold statement. 

Mr. Truesdell. Bring Mr. Calkins here. 

Commissioner Jones. That does not change the fact. The under- 
standing last fall was, when the Indians signed this lease, that they 
were to lease these unoccupied lands. 

Senator Jones, of Arkansas. I have here tw6 letters— one from Mr. 
William Hayes Ward, editor of The Independent, of New York, and 
the other from some young woman, Mary C. Collins, explaining what 
she knows about this 'subject. 1 hand them to the stenographer, and 
ask that they be incorporated in the record. 

The committee thereupon (at 10.10 o'clock p. m.) adjourned. 

(The letters referred to by Senator Jones are as follows:) 

Fort Yates, Jlity 25, 1901— Saturday, y>. m. 

My Dear Miss Cook: I have spent this afternoon attending the big 
council of the Indians at the Standing Rock Agency, who were all 
called in to attend a council and act on a proposition of the Chicago 
and Milwaukee Railroad for the lease of their grazing land to cattle- 
men. Such a proposition had been made previously, but unanimously 
rejected. It was reported that this time it was to be put through any- 
how. The agent (Bmgenheimer) was reported to have said that if they 
t did not agree to it the land would be immediately allotted and the 
rations all stopped. Dr. Warner and wife, Miss Collins, Mr. Reed 
and wife were present to hear the proposition. 

The agent opend the case by telling the Indians that the proposition 
of the previous council for right of grazing was rejected, as it had not 
been fully understood. 

^*I find, by talking with some of you, that vou do not have a fair understanding 
of the proposition. This time we have had it put in writing — we want you to under- 
stand what you are signing. The interperter will translate and then we will hear 
w'hat you have to say. 

Thereupon he read a telegram which had been received from Wash-, 
ington, from the Indian Bureau. I was afterwards shown it, having 
asked the agent to let me see it. It was from Washington, signed by 
Mr. Tonner, Assistant Commissioner, sa3Mng that the Commissioner 
was in New York, but desiring that the Indians would accept the 
proposition to lease land so as to allow 10,000 or 12,000 cattle to graze 
on their land, at $1 a head, the land to be south of the Grand River. 
The agent told me that the position of the land was immaterial to the 
Government, and it was not, I understood, this land that was wanted. 

Mr. Hunter [said the agent to the Indians] is here and will explain to you the 
proposition of this railroad company. All safeguards are made in defense of the 
Indians. Beyond dispute the Indians have more land than they can use. You can 
ride across the country for days and not see a critter. The Commissioner thinks, 
and properlv, too, that you should make some use of your surj)lus land to improve 
your condition. 

The agent fairly and fully committed himself and the Indian Bureau 
for the acceptance of the proposition of the Chicago and Milwaukee 



92 



LEASING OF INDIAN LANDS. 



Railroad. After the council I got a copy of the proposition, and here it 
is. (I must return my copy to him.) There are two alternative prop- 
ositions: 



ACJUEEMENT. 



ic^^to hereb 



We, the undersigned Indians of the Standing Rock AgencVT^b hereby consent 
and agree, in consideration of the sum of one dollar ($1.00) per year, or fraction 
thereof, lor each head of cattle brought upon the reservation, and in consideration of 
the further sum of fifty cents i^er ton stumpage for all hay cut upon the reservation 
for such cattle, to lease certain portions of the reservation to cattlemen for grazing 
purposes; and the said land so leased to be put under fence bv the cattlemen. 

It is further agreed that the said fence be constructed under contract at the low- 
est reasonable figures obtainable, and that cost thereof shall be deducted from the 
amount due the Indians under this agreement for the first year this agreement shall 
be in force; and the said !ence, when so constructed, shall be the property of the 
Indians of this reservation, and the said cattlemen shall be required to keep it m 
good order and repair at their own expense during the time that this agreement shall 
be in force. 

It is further agreed that any persons sent upon the reservation to take care of cat- 
tle shall be of good moral character, and subject to the approval of the United States 
Indian agent before being employed upon the reservation. 

It is further agreed and understood that the amounts above agreed upon are to be 
paid over in advance and the net proceeds from the cattle tax and the stumpage for 
hay shall be distributed annually among the Indians in equal shares in the form of 
a per capita payment. 

And it is further agreed that the agreement shall be of full force and effect from 
the period of five years from the making hereof, unless sooner dissolved by the 
mutual consent of the parties hereto. 

[Second form.] 

We, the undersigned Indians of Standing Rock Agency, do hereby consent and 
agree to the following: 

In consideration of the payment, in advance, of one dollar ($1.00) per head for 
each year or fraction thereof,^ we agree to allow cattle to be brought upon this reser-^ 
vation for the puri)ose of grazing; provided, that such cattle shall be so herded as 
not to interfere with the stock, dwellings, cultivated fields, or hay grounds of the 
Indians; and provided, that for any damage caused to the above by such cattle, their 
owner or owners shall make full compeuvsation, to be determined by the agent or 
by some one appointed by him for that purpose. 

*We further agree, on payment of fifty cents per ton stumpage, said sum to be paid 
in advance, to allow hay to be cut for such cattle upon the reservation, the quantity 
so cut to be determined by measurement after the hay has been for thirty days in 
the stack 

It is provided further that any person sent to the reservation to look after such 
cattle shall be of good moral character, and approved by the United States Indian 
agent before being employed upon the reservation. 

. It is further understood and agreed that the net proceeds from the cattle tax and 
stumpage for hay as above provided shall be distributed to the Indians annually in 
equal shares in the form of a per capita payment. 

After the interpreter had read the agreement Mr. Hunter spoke, 
representing the railroad. He said: 

This agreement is for your interest and ours. It will give you a dollar a year for 
every critter and for every calf that is branded. It will give us the hauling of these 
10,000 cattle every year. We have extended the road to Evarts. . The Depart- 
ment will arrange with the agent here how you will inspect the cattle. The cattle- 
men will pay you 50 cents a ton for all the hay they cut, and buy from you the hay 
you cut. At present you will get nothing for this land that lies useless. 

The agent spoke again and said the cattlemen would help the Indians 
keep out the prairie fires. 

Mr. Hunter then added that he had been to Washington to see the 
Commissioner, and — 

he is verv anxious to have you agree to this and sent me to say this to you. He 
wanted this settled immediately, for if it was not agreed to in two weeks the Texas 
cattle would be sent to Montana. 



i' 



LEASING OF INDIAN LANDS. 



93 



I 



Then the Indians spoke. The first speaker was John Grass, who 
had been selected to represent the opposition. A number followed. 
The general reasons were that their reservation is smaller per capita 
than others; that it is not too large, in view of prospective mcrease of 
cattle; that but for the blizzard of four years ago thej^ would now 
have well-nigh enough; that the Department had assured them that 
thev should hold this land, and thev nuist look out for their children; 
that their access to water would be endangered; that they were not 
assured the promises would be kept, and that to divide $10,000 between 
3,700 people would do them mucn less good than to mise and sell their 
own cattle. Thej^ spK)ke of dangers of quarrels, etc., and I presume 
they used much the same arguments as at the previous conference, of 
which I have a copy. I give it herewith. I understand that it was 
presented at the first council that was held, on May 3 of this year. 
The Indians have been summoned to the agency twice this month on 
this business, to the great injury of their planting, although they have 
also at the same time received their rations and the distribution of 
money, something over $5 apiece. 

COPY OF ANSWER AT COUNCIL OF MAY 3, 1901. 

Whereas the Indians of this, the Standing Rock Reservation, have been tendered 
an offer by one Mr. Hunter, representing those who wish to carr>^ into effect this 
proposition to pay an annual sum of $1 per head for the privilege of grazing cattle 
upon this reservation the year around, for a period not to exceed five years, caring 
for said cattle in a suitable manner, agreeable to the Indians, 10,000 head or more to 
be placed upon the reservation at the outset. 

Therefore, it is resolved that it is the wish of the required majority of the adult 
male Indians of this resen-ation that such privileges as sought by the aforemen- 
tioned Hunter be denied for the following reasons, namely: 

First. The ownership of cattle among the Indians is increasing every year, and 
should monev for that purpose be procure<l from any available funds of the Indians 
now^ in hands of Government, through efforts made in the past and representations 
to be made to the Commission soon to \nsit the reservation, all such money should 
be ultimately invested in cattle and equitably distributed to those entitled thereto, 
thus increasmg their stock to such an extent that all surplus grazing lands under 
present conditions would be utilized. 

Second. There are a great many pitfalls open upon the acceptance of such a 
proposition. All destructions or losses occasioned by the forces of nature might be 
unloaded upon the innocent Indians, while not in such a manner as to materially affect 
his rights of person or property, but so as to cast an unwholesome atmosphere around 
him and militate against his securing Uberal treatment at the hands of the authority. 

Third. It is put forward by the promoters of this plan **that the Indians are 
sorely in need, and the money received from the letting of the privileges will be just 
that many more dollars to be distributed among them, which they would not get 
otherwise." While admitting the truth of this point at first blush, it may have a 
deeper significance. If we, the Indians of this reservation, can get additional 
amounts of m6nev for the purpose of increasing our cattle, thereby enlarging our 
assets and producing a larger source of income, and that, too, by our own sweat 
and blood, it will be in* conformity with the ideas adhered to by the Department, 
and will make us as individuals have greater confidence in our capacity to help and 
maintain ourselves through the medium of our own labor. 

Many other reasons could be advanced against accepting this proposition, but it is 
felt by your committee that the above are sufficient. 

It is, 1 understand, the strong desire of the Indians that a part of 
their tribal funds be expended for the purchase of heifers, to be dis- 
tributed among them for breeding purposes. 

The only real, or rather apparent, support of the proposals of the 
Chicago and Milwaukee Railroad came from a number ot young men 
mostly in the employment, I judge, of the agency. Some of them 
were clerks or policemen. These old Hampton students had met 



94 LEASING OF INDIAN LANDS. 

together and had drawn up a propo.sal fo/j;;;|^^",2XS tlon'tJ'the 
S. which would protect the Indmnj ^n^ ^^^^ad probably did 

l.orthwe.t part of the [-^^yf^^J^ pioptaW n.e, Lt they and 
not want. 1 have not then wi tun piyi • uj^p. for an agree- 

some others seemed to be hedging, re^^tU^^ not vi.h^^^^^^^ ^,^^^ ^^^ 

ment but not daring to oppose it, as it wa^ J" > ^, ^^ ^ j. after a 

agent is determinedit shall -'"^^o^^t ?eJhei^n fai. «aid that 

long succession of ^P^^^^es, Agent B.ng.nhen^^^^^ ^^ ^^ ^^^ 

it 5as evident that the P«-oP«'*;i»^".'[^"i''the council; that no vote 
Indians; that it was of no use to continue th^^^ ,^^^ ^.^^^j^^^ 

would be taken, and that they ^}^S^\^l^'^:' 

wSi delight, as they were ^^^f S^ommisSer has been correctly 
1 find it difficult to believe that the Commissionein ^^.^^^ 

represented. I find that.the best /^f " J .^ jf ^^^ T^ be sure, not 
it would be against the^^' ^"^ereste to leas^^^^^^^ ^^^ ^^^ 

all the land is now used, ^ne might travel an > ^^ .^ ^ 

cattle; but that would be because ^e^o^W «^® "^^^ ^.^^^se the cattle- 
a question of water in such ^'T s«aso"^«^^^^^^^^ ^^^ l^^i^ns 

men would require the water of * ^ P arrels and murders. 

need. Then there would be \«jf7^^}*^Xie„heimer declared that the 
I am told pi^tty dehni^ely tha M ,,, 

cattlemen shall get then desue. :^"« , ^^ ^ Bingenheimer, 
Department will somehow yield ^ ^hmk that i J^.^^^ ^^^. 

whose interests are at Ma"dan is chauman ot tn j ^^^^ .^^^^_ 

mittee of North Dakota. I h^ve '^^o doubU^^^^ I would like to know 
ested for his railroad than he ^« *«^ ^^e X^^d to get the advantage of 

that would conflict with this pla"; ., j f^^iy and you are at 

I am, yours, very truly, William Hayes Ward. 

know I am here with Dr. Lucian C. War- 
a S to the missions among the Dakota 

Tn^i^ns all called into Fort Yates. I did not 
Indians all canea missions where 

:Tu?Lras de to Ct Yates. We shall go 
morrow, as the Indians are now all gone, or 



p^ S.— As I think you 
ner, of New York, on 
Indians, and I found the 
know for what, and as it 
there were no Indians, w 
on to the Cannon Ball to 
going, home. 



W. H. W. 



The Government has now deci« that *» l-y^ of the ^deM 

which they owe the Indian '^<'?"«'^\'£'^»£e„ce "the Indian. 

per capita per y«»V' J^Sff tfthe Commisrion's plan, I«y to 

$15 a year fivefold worsej „r>una men to get 50 head of 

Jt\et-SetV;:;'irson,'erch^ySftS-L.phiflan,i.y. Now 



LEASING OF INDIAN LANDS. 



95 



the order comes that if an Indian gets 50 he must have no further 
right to the money due him from the (xovernment paid in goods 
instead of money. 

When the streams freeze up solid in winter and cattle suflFer for 
water they often die in great numbers, and even the staunchest Indian 
fears if disease comes among his cattle that he will lose them, and 
then starvation will come to his household. Instead of encouraging 
the thrifty Indian to greater perseverance he is discouraged and a 
premium put upon shiftle^ness. 

The Indian has to learn by the hardest trying what the white man 
wants him to do and what are the Great Father's laws. He wants to 
learn to be a law-abiding man. Yet he sees the Great Father at Wash- 
ington allowing white men to break a treaty, made with great solem- 
nity by the Government through their representatives and the Indians. 
He* has always felt secure in this treaty be(;ause Congress made it, and 
he has felt that only Congress can change it, and that only with the 
consent of the Indians themselves. 

If his land is leased against his will, where can he put his trust ? What 
can we of the white race, who have told them of the greatness of our 
country^ and our just laws, and our mercy to weaker nations, say to 
defend the Government? We lay down our lives and our money like 
water to free Cuba, and we allow our own helpless people to be trodden 
into the dust and make no attempt to protect them. The very men 

Eaid to ser\^e the Indian out of the Indian's own money work against 
im, and for those seeking to take the ground from under his feet. 
We should not lease the Indians' land, because, as a nation, we can not 
afford to wrong a helpless people, however small the tribe; for if we do, 
God will call us to account. We have had one, and more, centuries of 
injustice and dishonor. 

Let the Indian Department take for the new century the Golden 
Rule for its motto. The Indians' prayer daily is that God will save 
the President and fill his heart with mercy. They cry unto the Lord, 
'^Doubtless thou art our Father, tho' Abraham be ignorant of us, and 
Israel acknowledge us not; thou, O, Lord, art our Father, our 
Redeemer; thy name is from everlasting." My prayer to God is that 
my dear country show itself great enough to rule in equity even the 
Indian far out on the reservation; and while I have breath I hope to 

speak for him. ^^ ^ 

Mary C. Collins, 

Little Eagle School. 



WHY THE GOVERXMENT SHOULD NOT LEASE THE LANDS OF THE 
STANDING ROCK RESERVATION, IN THE DAKOTAS. 

The Standing Rock Reservation is a tract of land lying west of the 
Missouri River, across the line between the two States of North and 
South Dakota. There are between 3,000 and 4,000 Indians located 

thereon. , , o. . ^^ n 

South of the State line live the Hunkpapa band, the Sitting Bull peo- 
ple, as thev commonlv are called: the greatest warriors of the Sioux 
Nation: strong and fearless in war! This band is now a band of Chris- 
tians, eager to^'leam the white man's way. They have patiently labored 
for seventeen years to build up little homes and farms, and have scat- 



96 



LEASING OF INDIAN LANDS. 



I 



tered out from the thickly settled camps- on places remote from each 
other. We have advised this to break up tne communistic habit of 
living, sleeping, and eating together; to encoumge individualism and 
family rights. 

Our argument with the Indian has always been that by and by the 
land would be allotted and the men who were located on good land 
would get desirable allotments; those not located must take what was 
left. The greater part of the families are now located. They have 
small herds of cattle. The reservation is located in the arid district, 
the grass is what is termed ''buffalo grass,'' and ^'alkili grass." 
Both are good fattening feed for cattle, but of slow growth. 

Where cattle feed the grass close this year they can not feed next 
year. If they are allowed to feed close and run on the same range 
two years in succession the grass fails and the range grows up to 
weeds. 

Where the Indian cuts hav this 3"ear, the same tmct can not be cut 
from next year. Where tne prairie fire burns over this year, hay 
can not be cut therefrom for two years unless an unusual amount of 
rainfall intervenes. The haying lands near water is scarce, hence the 
Indian is compelled to cut his nay often 8 or 10 miles from water, 
hauling water in barrels for use while haying in camp. 

The severe winters of this region require a large amount of feed to 
safely carry the stock through, 2 tons to the animal being the usual 
allowance. This means many weeks spent in cutting and hauling hay, 
and large areas must of necessity be cut over to secure what is needed, 
on account of the short growth of the grass. 

To lease this land to cattlemen who mav be allowed to overrun the 
range with cattle would destroy the range inside of two years. \V ater 
is exceedingly scarce away from the Missouri River. The Grand River 
is simply a little stream, which is usually full of water in June, some- 
times in September; the rest of the year it is little more than a suc- 
cession of water holes. Oak Creek, the best stream, is of like nature, 
but the water is better for household purposes than that of Grand 
Kiver. In addition, there are small valleys containing deep water holes 
in alkali beds, which fill up in the spring, and when the flood subsides 
these holes remain, like wells of water, deep enough to keep fairlj^ 
good. 

These streams, if streams we may call them, are Firesteel Creek, 
Deer Creek, Highbank Creek, Brush Creek, Black-horse-hill Creek, 
Hump Creek, and a few others. They are simply water holes and 
often almost entirely diT. There are a few springs in the bottom of 
Grand River and Oak Creek, and occasionally one to be found in a 
deep ravine, but they are small and generally inaccessible. 

To turn an unlimited number of cattle on this range would drive 
the Indians out. 

The cattle during the summer's heat would take possession of all 
accessible water holes and stand in them through the day, thus wholly 
polluting the water. 

Where large numbers of cattle are, the small fly that follows them 
makes it almost impossible for human beings to live near where the 
herds are, and since the Indians are located along the streams, they 
will often be obliged to abandon their homes on this account. 

In winter cattle are often stampeded by a blizzard, in summer by 
prairie fires. No fence will stop a wild herd in either case, and men 



LEASING OF INDIAN LANDS. 



97 



on foot would stand but small chance to escape in either case, for these 
stampeded herds fear nothing and know nothing but men on horse- 
back, and ever}' cowlx)y carries a six-shooter to defend himself 
against a wild animal. 

Wood on the reservation is so scarce that an Indian is not allowed 
to cut a green pole, even, without a written permit from the agent, 
and this prohibition includes any necessary timber for building or 
repairing their houses. 

Cow bo vs would need cabins and wood to burn, and corrals for the 
cattle. Where would the wood be found for these purposes? It is 
quite evident to anj one familiar with cowboy life that the regulations 
which are now governing over the Indians in this respect will have no 
weight with the cattlemen, and it will be a source of irritation to the 
Indians to see their wood disappearing and they not allo^jred to use the 
same without special permission in each instance. 

There is a law forbidding Indians to carry firearms; also a law that 
forbids the introduction of intoxicating liquors within the reservation. 
It is unreasonable to suppose that this law could be enforced if dozens 
of cowboys were allowed to come in with the cattle. Would not the 
Indian be obliged to carry arms to protect his home? 

The cowboys would be without their families, and therefore lawless. 
There is no law to punish a white man for killing and eating an Indian's 
cattle. Would not the Indian soon have to take the law into his own 
hands ? 

Wade, N. Dak., January 16^ 1902. 
Hon. Senator Jones, Wdshmgton^ D. C. 

Dear Sir: Seeing by the papers that you are taking some interest 
in the wrongs being done the Sioux Indians by the renting of their 
reservation to a company in which the Commissioner of Indian Affairs 
is connected, I take the privilege of writing you upon the subject. 

I think it is all wrong, for the following reasons: 

A true survey of the Standing Rock Indian Reservation has not been 
made, and the Indian Bureau claim nearly 1,000,000 more acres of land 
than there really is in the reservation. 

The Indians have between 24,000 and 25,000 head of cattle and 
hoi-ses, which have to be grazed during the summer and fed hay dur- 
ing the winter months. And the hay must be cut along the creeks, 
which will be fed down by the renters' cattle, should the resei-vation 

be leased. 

Should any Indian family have more than 100 head of cattle and 
horses, they will have to pay the company leasing the reservation for 
any excess in amount the lessee has a mind to name. 

The Indians owning stock have not been, as a general thing, con- 
sult^, and nearlj^ all the Indians who have signed the petition to lease 
the reservation are young men who have no stock of their own. 

The comjjany leasing can do as they have a mind about fencing the 
reservation. This will make the settlers living along the Cannonball 
and Cedar rivei-s all kinds of trouble, as these creeks are the boundaiy 
lines between the reservation and the white men. Should any contro- 
vei-sy arise over this trouble, the county of Morton will have to stand 
all exx)ense of all litigation, as th^re can not be any taxes levied upon 
stock running upon a Government reservation. 

S. Doc. 212 7 



98 



LEASING OF INDIAN LANDS. 



It is understood the Government will build and support reservoirs to 
water said conipan3^^s stock. If they do they can easily use the entire 
amount of rental in so doing and there will be no gain to the Indian. 

We have applied to our members in Congress and get no support. 
But 1 think a thorough investigation will show up some dark objects 
only slightly under cover. 

I have written you purely in the interest of the Indian and settlers, 
who are near neighbors and who have interest in common. 

Hoping you may meet with success in your, undertaking, I remain, 
Yours, very truly, 

Wm. V. Wade. 



Washington, D. C, Fehruary IS, 1902. 

The committee met pursuant to notice. 

Present: Senators Stewart (chairman), Piatt (of Connecticut), 
Quarles, McCumber, Bard, Clapp, Gamble, Rawlins, Harris, Dubois, 
and Clark (of Montana). 

The committee proceeded to consider the following resolution: 

Be it resolved hy the Senate, That the Committee on Indian Affairs 
is hereby instructed to make inquiry into and report to the Senate 
upon the following matters: 

First. What, if any, title the Indians have to the valuable minerals 
within their reservations; and what, if any, authority they have to 
make leases thereof, or in any manner dispose of the same; and what 
authority, if any, the Secretary of the Interior has to approve such 
leases. 

Second. What leases, if any, have been made by Indians within any 
reservation; and what, if any, such leases have been approved by the 
Secretary of the Interior; and what, if any, such leases are now in 
contemplation or under consideration for approval or disapproval. !?? 

Third. What methods iiave been employed to obtain the consent of 
the Indians to such leases and the approval thereof by the Secretary of 
the Interior; and what companies have been organized and combina- 
tions formed to obtain such leases; where have the organizations 
taken place; who are the stockholders and oflScers thereof; and whether 
any persons connected with Congress or the Government of the United 
States, or holding offices thereunder, have been or now are interested 
in or engaged in the promotion of such companies or combinations in 
obtaining leases for mineral lands within Indian reservations. 

And said committee is authorized, for the purpose of making a full 
investigation of the foregoing matters, to send for papers and to sum- 
mon and examine witnesses, and the expense of suc*h investigation 
shall be paid out of the contingent fund of the Senate. 

Whereupon Mr. Rawlins made a brief statement in support of the 
resolution, and read in connection therewith the following letters: 

Department of the Interior, 

Office of Indian Affairs, 
Office of the Assistant Commissioner, 

WasliingUm^ November 21, 1898, 

My Dear Jim: Please pardon my long silence, but j^ou know Miller 
and I have been so fearfully busy ( ?) since arriving that we have done 
nothing. I got your letters. Was quite surprised when I learned that 



leasing of INDIAN LANDS. 



99 



the}' had ordered the delegation here. At first I feared it would hurt 
us, and had they caught me in time, as they tried to, I should have 
advised against it. However, it was too late and we made the best of 
it, and it may come out all right. 

They are here and are being nicely taken care of. They will see 
the Secretary to-morrow, and will insist upon it that they desire to 
lease their lands, and wish the Commissioner to send them a good man 
to get the lease. We have not been able to do anything definite so far. 
We are, however, getting things in apparently good shape for action as 
soon as we can. The Secretary has been away so much that our com- 
mission has not even had a chance to confer with him. The outlook 
is that soon after the Indian conference to-morrow the Secretary will 
conclude to grant a permit to some one to go ahead and get a lease; 
then we hope to get our work in and have him approve the lease in 
advance,'^and then go on and get ahead of the others, so that there can 
be no fault found by those being shut out. The Indians will also ask 
that the Hathenbruck lease be killed forever. Everybody interested 
is thoroughl}^ aroused to the fact that our fight is worth making, and 
that victory or defeat is near at hand, so that I do not think any bet 
will be overlooked. 

I wish 3'Ou were here (Miller says he wishes so more so), biit in view 
of this delay I presume it is just as well that you did not take the time 
to join us. Should matters so shape themselves that we need your 
immediate assistance will wire you. Senator Rawlins has wired the 
Secretary to not sign the elaterite lease, and protests against granting 
any lease. I am just informed that the Secretary will approve the 
lease to-morrow. I am glad of that, because it is a strong pull for 
another lease, and, I hope, ours. 

Secretary Meiklejohn has been away, and as he is the one I desire to 
take your store matter up with, I have not been able to do anything. 
Will not overlook it, however. General Heath's absence is the cause 
of my not taking up the post-oflSce matter. Will follow that also. 

Miller sends love; I do the same. 

Harper. 

Washington, D. C, March 8, 1899, 
Mr. S. M. Miller, 

Denver,, Colo. 

Dear Miller: Since last writing you we have had another visit 
from Judge Thoman, who, together with his associates, made every 
eflfort to force us to agree to a combine with the same organization 
referred to in our last, viz, the Western, or Chicago and Milwaukee, 
and the Eastern, or New York organizations. He went to New Jersey 
and incorporated a company for $3,000,000, then proposed that a 
division be made as follows: Five per cent to be used by him in such 
a way as he may deem best; 35 per cent to remain in the treasury for 
future use, and" the balance, or 60 per cent, to be divided equally 
among the three organizations — 20 per cent each. It was the unani- 
mous opinion of our friends that we ought not to consider this for a 
moment, believing as we do that we have far better chances than any 
or all of the others at the other end of the line, and equally or better 
chance here to win out independent of other interests. 

If, during your negotiations with the Indians, there appears to you 
to be great danger for us and there is a prospect that we can not obtain 
any lease at once unless we combine with some one else, then advise 



100 



LEASING OF INDIAN LANDS. 



US at once )\y telegraph, telling us where the danger lies. We are go- 
ing to act upon a suggestion made us to-day by one whose suggestions 
in such a matter are entitled to great respect, not to wait for any per- 
mit, but to go right straight ahead and use all our efforts at once to 
secure a lease. Several applications have been made for permits to 
go to the reservation to secure a mineral lease. 

All the applications now on file w ill be held up for the present and 
no permits will be issued. I will write a letter to Myton telling him 
that you are coming and that at the suggestion of the proper authority 
no permit is necessary. 

Were permits issued to all who have applied you would probably 
find several persons on the ground with you trying to get the lease. 

In that event you would have to proceed boldly but cautiously, and 
keep a close watch on what the othei-s are doing. 

iinmis is working from here through Dr. McDonald, the veteri- 
narv surgeon at the post. But you need not fear the Doctor, as he will 
very soon be out of the way. It may be advisable to '*lay low" until 
he gets his orders to leave and had gone away. 

We have little fear that he can do us no damage, but he must l>e 
watched, and, if he leaves within a few days, as now seems likely, it 
would be advisable to wait until he is out of the way. 

Thoman is the only man we think needs careful looking after. 

He, or the Raven Mining Company, has just paid in ^1,000 for the 
Indians on the elaterite lease. This money has not been earned, but 
has been paid in as a bluff to catch the Indians so as to get from them 
a new lease. Thoman has also been trying to get Myton off the res- 
ervation so as to get a chance to treat with him and get him away 
from us if possible. They are desperate, and will go to any length to 
detach Mvton from his fidelity to us. However, MytoA is fully aware 
of their intentions and will not be misled by any proposition they may 
make to him, realizing that our interests are mutual in every partic- 
ular. 

As it looks now% however, I am very hopeful that you can get on 
the ground and go to work with the Indians without any interference 
from the other parties. 

After the first council the Indians hold to consider the matter there 
will be probably an adjournment of a week or two Ijefore they take 

any final action. 

When the first council adjourns you can probably tell how the land 
lies. If you think it advisable or^ necessary for us to combine with 
some other interests, wire me at once. If you then need help in the 
matter, will send somebody out at once. * * * 

We inclose herewith blank forms for lease to be used with the nec- 
essary acknowledgements and aflSdavits and certificates at the end. 
See that all the formulas are carefully and accurately followed. 

We think that it is very important that you should staii: at once and 
push the thing through as i-apidly as possible. We will have a great 
advantage in being on the ground first, and we hope there will l^e no 
one to interfere with you. 

Keep me advised in the matter as fully as possible. 

Very truly, yours, ^ t, tt 

E. R. Harper. 

I will send a copy of this to Myton, Mease & McAndrews, so that 
they will be advised at once of the situation and be prepared to act as 
soon as you arrive. 



leasing of INDIAN LANDS. 



101 



Washington, D. C, March 13, 1S99. 

My Dear Jim: I am informed that Timms, the man who claims to 
have a sure hold on the lease if he can secure a permit to go on the 
reservation, left here last night ostensibly to go west to look after 
some other business, but I am quite sure that he expects to make a 
dive for the agency. He has been working through Dr. McDonald, 
and we concluded it best to have the Doctor given '^ a change of base " 
for his health. I wrote to Myton to wire me when Myton goes. 'Phis 



mg lo tne i^eparoneni lo lurn nun aown ii ue is h respoiisiuic pi 
However, it may be necessary for a permit to be given him first. In 
that case it will be necessary for us to "^ knock" him until he is out of 
the way, hence demonstrating that he can not get the lease. At the 
same time I am a little afraid of that, and prefer that Miller and you 
boys go ahead independent of permit and try and get loose, provided 
you think that best. You are on the ground and know best. If I find 
the Department gives Timms a permit, I will try and have them grant 
the same to all applicants. 

In that case we will have to fight it out and take our chance. Satur- 
day I will be appointed special allotting agent. From now on I will 
have nothing to do with tne lease matter— publicly ( ?)• However, it 
may be found essential ( ?) that I should accompany Mr. Graves to the 
resen^ation to assist in determining which of the proposed ditches will 
be best for the dear Indians. Do you suppose I can judge that matter 

correctly ? 

As I understand the matter, nothing further can be done until Mr. 
Graves makes his report. Then the Secretary will grant the permit as 
he deems l>est. I do not know how soon Mr. Graves will go out there, 
but I presume it will be a month or six weeks before he gets there. 
In the meantime have the proper papers duly filed with the Land 
Department and as I wrote you in my last. 

Am just in receipt of the following wire from Judge Thoman, Chi- 
cago: '"• I carry a very important private letter to you. Can you meet 
in New York Wednesday? Answer quick." My reply will be that I 
can not meet him there. "^ If important, come here. I am not running 
after the blutter. 

Sincerelv, Harper. 

Washington, March 11^, 1899. 

My Dear Mease: Fearing something may turn up unexpectedly 
with Miller, I address this to you. 

I know you will conclude that we are wild at this end, the way we 
ai-e changing our orders and suggestions. That is owing to the fact 
that matters are changing very rapidly here. To-morrow I will have 
Colonel McKay wire Miller something like this: ^' Delay action until 
you receive mv letter of last night," signed N. McKay. 

That will mean this letter from me. Owing to the way matters 
have changed here, and the necessity for me to be kept out of this, I 
have concluded that it will be best for all wires between you and 1, or 
Miller and I. should he addressed to N. McKay, 1008 Thirteenth street 
NW.. and all wires sent from here be signed by him— even the cipher 
ones. This will preclude the possibility of it leaking out there that I 
am associated in the matter. The reason will more clearly develop in 
the future. I think. 



102 



LEASING OF INDIAN LANDS. 



LEASING OF INDIAN LANDS. 



103 



The Timms people have been plugging fearfully hard for the last 
day or so. I did not look upon tnem as of much consequence until I 
learned that, through Curtis, of Kansas, they have undoubtedly 
secured the assistance, to a degree at least, of Assistant Secretary 
Ryan — a very important factor. Ryan has been fighting against any 
lease; l)ut now thinks that one should be granted, but insists that the 
Tinnns people be allowed the first chance, owing to their having the 
first application. 

To-day he said he would oppose anyone having a prior chance to 
them. Under these circumstances we can see that should we proceed 
as planned and ol)tain the lease without consent he will head us oflf at 
this end, while if the Timms crowd have their chance first and fail 
then they can have no influence toward stopping us either out there 
or here. Then, a^ain, we consider the fact that without a permit it 
will place Myton m a hard place to grant Miller to go ahead when he 
has refused others. 

Taking all these matters into consideration, we came to the conclu- 
sion that the only thing to do is to hold back until the Timms crowd 
have had their chance and failed. Consequently, to-day I wired 
Appleman, at Denver, and asked if Miller had left, and if so, when. 
The reply just received is that '* He left last night. Can catch him at 
Price/^ Still, after consultation we concluded it best to let him goon 
to the post, where he can conferwithyou, Myton. andMcA.,and be the 
better posted as to the matter of procedure. Then when you get this 
wire from McKay that you are read}' to take (^are of Timms — that is, 
head him off when he comes — and if you are ready and sure you can 
knock him out, we w ill see that peraiit is granted him at once, giving 
him thirty days to make the trial. eJust as soon as he gets through, 
then a permit will be granted Miller, and he can go ahead, thereby 
getting Timms &Co. out of the road and leaving the ^yay open for us 
to make arrangements to get his, or rather Ryan's, assistance here. 

It is our opinion that it will be best for Miller to be away while he 
is there, so that they can not make the claim that he interfered with 
their chances. Miller might run over to Vernal or out to Salt Lake, 
under which and under all circumstances all expenses will be met by 
the crowd. However, we leave the question of his staying on the 
ground to j^our judgment, onlv do not forget that wt. must not put 
any officer in the hole by anything we may say or do. 1 know that it 
will look bad to have to put it off and take a second chance, but we 
must consider not only the matter of securing the lease, but getting it 
approved, at the same time protect our good official friends. 

it occurs to me that you may wish to use the word ''Timms'- quite 
a little, so 1 have entered it in the cipher code, top of page 86, after 
word '^ jaundice." Please make like entrv in the code I sent you yes- 
terday, so that in wiring the word "jaundice" will mean ''Timms." 

1 see that the White Rivers are getting ugly, and 1 presume that 
they will not be willing to talk lease to anyone until they are given 
some attention as to their Colorado land. It occurs to me that it might 
be a good idea to have a contract read3', with some good attorney, to 
present at the same meeting Miller expects to capture, and bv thus 
showing them that the Department is looking after that matter get 
them in better spirits to consider and favorably act on our matter. 

Let me hear j^our opinion on that matter, and if you agree with me 
will try and have it so arranged. There is no doubt but that ^lajoi 



V 



Bryan will have the sanction of the Department to secure the contract, 
and if you think best will have him send his contract on for action at 
time. 

As you have the cipher and code, I guess you can pick out quite 
enough to at least mystify the operators and yet keep matters cleared 
up with us, and therebv keep in much better touch. 

Address Col. N. Mcitay, and recognize all wires signed by hi] 
the same as signed b}^ me. 

Sincerely, • Harper. 

Be sure and have a good conference over all these matters with 
Myton and McAndrews, so that no move is made without the clear 

understanding of all. 

Harper. 



im as 



Washington, D. C, March 25, 1899. 
Myton, Mease, McAndrews and Miller. 

My Dear Friends: I send a copy of the following to each of you: 
It was decided to-day that it will be best for me not to go to the 
reservation until after Timms has been there and gone. It is feared 
that should I go now, as contemplated, it might give grounds for the 
claims that I was there to influence against favorable action upon 
Timms's request, and 1 can not afford to place [me] or my friends in 
such a position. 

The whole situation must rest with you boys, and if you can not 
prevent Timms or any other party from securing the lease then our 

plans fall through. ^i. i. ^i 

As a final statement of our understanding of the whole matter to-day, 

I will say: , 

First. It looks now as though a permit will be granted to limms the 
forepart of the week, and he be given thirty days in which to go upon 
the reservation to attempt to secure the lease. His priority of appli- 
cation precludes our heading him off. 

Mr. Myton will undoubtedly be instructed to call the necessary 
council for the purpose. The sooner that can be done the sooner will 
the chance come to others to act. . i ^ u • 4. 

Second. It will devolve upon you boys to see to it that he is not 
successful. It will no doubt be a difficult task, but it must be done so 
as not to arouse any suspicions. ^ ^ , i 

Third. After Timms gets through, if unsuccessful, then our chance 
will come. Then vou must plan to surely win. 

Fourth. In the meantime do not let any word from any or all other 
sources mislead you to the belief that they have or can secure any 
advantage at this end of the line, or that we have agreed or will agree 
to any combination whatever. We have by far the strongest organ- 
ization here and will so continue it, and we have not made (nor will we 
make) any combinations, simply because we can see no possible reason 
why we should not hold out and push the whole matter through alone. 
Finally. Listen to nothing from Thoman or Timms or any of their 
ffanff or any other interests. We depend upon you each and all to 
stand or fall together. With such concerted action we will finally win. 
Sincerely, yours, ^^ ^^ ^^^^^^^ 



104 



LEASING OF INDIAN LAND8. 



LEASING OF INDIAN LANDS. 



105 



Aitpi* discussion* 

The Chairman. It seems to me that the committee is bound to make 
an investigation, as the matter has gone so far. I agree with you as 
to that. But the main part of the resolution has been considered by 
Senators Clapp and Clark, of Montana, who have been at work on the 
matter for the last week, and they now have a report to submit to the 
committee. Mr. Sutherland, of the House, is here and would like to 
be heard on the subject. I suggest that Mr. Clapp report the result 
of the subcommittee's investigation, and then we will appoint a com- 
mittee to take up this^ersonal matter. 

Senator Quarles. That is all 1 ask, and to have it done right away. 

Senator Rawlins. As the author of the resolution, 1 desire to lay 
before the committee these letters, which are the basis of the resolution. 

The Chairman. 1 presume members of the committee have all read 

that correspondence. i. • rpi * 

Senator Quarles. I do not see the necessity for reading it. Ihe 

resolution has been passed, and the duty has been imposed upon us to 

consider the subject. 

Senator Rawlins. These particular letters are not in the record: 

Department of the Interior, 

Office of Indian Affairs, 

Waskmgton, JVoveirihet' ^5, 1898. 

My Dear elm : Yours of the 18th just at hand. Nothing new has 
come up since I last wrote you, with the exception of a general closing 
up of our plans toward a good fight. I think there is no doubt but 
that the Secretary will sign the elaterite lease and thereby set a good 

precedent for ours. . 

As it looks now, the Akron boys will be here Monday morning and 
the important conference held at once to finally determine the best 
plan of action. Very much preliminary consultation has been had, and 
the conclusion of those here is unanimous, that with the Indians so 
favorable as they are and so impressed with the advantages to them 
from leasing, as they have been by the powers that be since here, it 
will be far the wisest to have Miller go back and secure the lease 
instead of Miles. I am quite sure that will meet with your and Mc's 
approval, and will in many ways be the best. 

1 presume Myton starts back to-morrow, and just as soon as our 
plans can be matured here the one selected will start. I must not be 
understood as inferring that there is no question of our winning; there 
is a good deal of a question, but we are determined, and so far have 
not met much to discourage us. Am pleased to note your report re- 
garding the gilsonite. I think w^e can win on that score before we 

get through. . . aut-h i_ u i 

Miller ran up to Huntington to spend Thanksgiving. Will be back 

Mondav. Guttin and Abbott are still here. 

Sincerely, Harper. 

''The powers that be" are very anxious to have all correspondence 

destroyed. You will at least be very careful of same. 

H. 



i^x 



• > 



Department of the Interior, 
Office of Indian Affairs, 
Office of the Assistant Commissioner, 

Washington^ Decetnhcv 7, 1898. 

My Dear Jim : I have your favors of the 29th ultimo and 1st 
instant and am pleased to hear from you. I have no doubt you con- 
clude, at times, that we are either dead or have forgotten you. Not 
in the least. Our silence is caused wholly by the fact that we do not 
know what to say or ''where we are at." 

Our temperature fluctuates most fearfully. Some days it is " way 
up to boiling and the next down below zero. Some days we can see 
victory and the next everything is black. 

The approval of the other lease has, no doubt, helped us some; 
and we were much in hopes that we would immediately ^et permission 
to go ahead. However, Senator Rawlins succeeded in having the 
Secretary hold up all further work to see what can be done by Con- 
gress. Yesterday he introduced a bill or resolution to divide the 
reservation, giving the Indians sufficient for their allotments and dis- 
posing of the balance for their benefit. 

' At first this '^gave us a chill," but I guess we can get through. 
Still I presmne it will cause the Secretary to delay action for a time, 
at least. I hope we can succeed in getting the Committee on Indian 
Affairs to report adversely upon it soon, in which case Rawlins will 
have his wind somewhat knocked out, and we then hope to be able to 
go ahead. (I have a hell of a time making any of the Government 

pens work, as vou see.) . . n i . ^ 

They are still holding our comish. [commission] here to make 
additional reports to meet the arguments of the Utah gang We are 
now w^orking on one going to show that virtually all the land available 
for agricultural purposes will be taken up by the Indians when all of 
both tribes are taken care of. I think old Major would go wild 
in he imagined that (Tumantookit) Miller and I were trying to work 

the plans through while here. . , ,^ . j 

I presume you receive the Congressional Record, and can see 
thereby that Rawlins also introduced a bill to permit the use of sur- 
plus water from the Uintah Reservation. This is not as I wished, as 
It gives anvbodv the right to go ahead and secure the permit trom 
the Indians and Department. Still, I guess we can handle that about 
as well as anybody when we get the chance. 

I have not seen the full text of the bill, but will look it up as ^oon as 
possible and let vou know just how to proceed. 

This is a splendid statement you make on the post-office matter, and 
I will gladly push it for all I am worth. 

Just as soon as we get any news you will hear trom me. 

Miller wishes to be remembered. . 

With kind regards, Haiipkr. 

I am a little afraid to write Myton fully regarding these matters for 
fear some of his clerks might accidentally open and i;ead the letter, and 
have written him to call up you and you will give him more complete 
information. Harp 



106 



LEASING OF INDIAN LANDS. 



LEASING OF INDIAN LANDS. 



107 



Department of the Interior, 

Office of Indian Affairs, 
Office of the Assistant Commissioner, 

WashingUm^ Decemher 31^ 1898. 

My Dear Jim: I am just in receipt of your favor of the 26th instant. 
I do not know as there is any reason for our worrying as to whom 
the party should be to go out there, especially as the outlook is not 
the most favorable for anybody having the right granted. Still, as I 
wrote Myton, if anybodj^ gets the right from the Department, then 
the chances are very much in favor of Miller, so far as this end is 
concerned. In fact, the chances in his favor here, it appears to me, 
much outweigh the objections at that end. The objections have been 
that everybody asking this favor is some lawyer or promoter, only in 
it for the scheme. 

Then, again, that it is somebod}^ close to the ''powers that be," 
which may result in criticism. Both reasons Miller eliminates. He, 
being a practical mining man, is looked upon as going into it wholly 
as a business project ; to practicallv develop the territory and ascer- 
tain as soon as possible what, if an5^t1iing, there is there. Also, he is so 
far removed from the Administration that no one could charge that 
it was being worked for the friends. We have no one else associated 
who can possibly fill these requirements, and, as I say, thej^ are very 
important factors at this end of the game. I am sure you and the bovs 
can take care of that end, should we be so fortunate as to secure the 
permit. 

Note the irrigation article. It is all right. Before receiving this 
you will have received xny others on that matter. 

Miller says : "Tell Jim I wish him a happy New Year." So do I. 

Harper. 

Department of the Interior, 

Office of Indian Affairs, 
Office of the Assistant Commissioner, 

Washington, March 21, 1899. 

My Dear Jim: I received \^our wire of yesterda}^ as follows: 
Everj^thing will be arranged all right for Timms. Please send copy 
of this codex to Miller, Salt Lake; leaves to-morrow. Are you going 
to remain where you are, and until when ? I answered as best I could. 
I will send the copy of the codex to Miller with the proper additions; 
and while I think of it I wish you would add, 'SJavelin-Thoman',, 
"Jealous Miller," "Jealousj^" "Permit for lease." I think these ex- 
pressions msiy be necessar3\ 

I can not speak definitely about my going. It was first arranged 
that I would leave here in two or three weeks and meet Graves's 
superintendent of ditches at your place. However, the White River's 
howl gives a good excuse for some one being sent at once. Therefore 
out plan is to have a talk with the Secretary upon his return in a few 
days, and we expect it w^ill result in m}^ being ordered there at 
once to represent the Department in trying to auiet (?) them. In that 
case I expect to be '"hitting the high places" the last of this week or 
fore part of next. Timms has not been granted the permit yet, but 
now we are assured that you are ready to head him off, I think the 
permit will be given in a few days. If our plans work I will be there 
about as soon as he or his representative. 

Will keep you fully posted. 

Sincerely, Harper. 



a 



I 



t 



Department of the Interior, 
Office of Indian x\ffairs. 
Office of the Assistant Commissioner, 

Mmhington, Ajrril 25, 1899. 

My Dear Jim: I arrived here at the office yesterdaj' (Monda}^) 
morning just in time to hav^e a word or two with Mr. Jones before 
he left for Chicago, to be gone about six weeks. I find things very 
much mixed. The Secretary was quite mixed as to where I was or 
what I was trying to do, and felt as though he should have been 
consulted, arid hence ordered me home. He thought I was way 
down in southern New Mexico with Mr. Graves. I have not got the 
situation thoroughly straightened out so as to know just what the 
next move will be. 

Old Thoman made his brag that I would be recalled bj- his request. 
1 wonder if he prefers me at this end now when he receives the report 
of the fact that to-day the Raven Mining Compan\''s request for a per- 
mit to meet the Uintas and White Rivers with (regard) to negotiat- 
ing a lease from them of all minerals on that part of the reservation 
south of the Strawberry (same as their elaterite territory) was turned 
down and refused by the Secretary. Oh, we may not get what we 
want, but you can rest assured there will be company. There are a 
few v^lugs that we can use when we have to. I will inform you just 
as soon as I find out just what my next move will be. I would not be 
much surprised to be placed on the " waiting list," as there is nothing 
here for me to do. Do not let a cog slip on the ditch matter, if pos- 
sible. 

Please give my kind regards to all the splendid post officers and 

all other kind friends. Lees, etc.. 

Sincerely, Harper. 

Department of the Interior, 
Office of Indian Affairs, 
Office of the Assistant Commissioner, 

Washi7igto7i, June 5, 1899. 

My Dear Jim: I sincerely regret to learn that Mrs. Mease is so 
sick, and earnestly hope for* her speedy and complete recovery. 

This Department had a reply written to the Secretary regarding 
the ditch matter, which I fear would have killed it. I got ''onto it ' 
and have had it held up, and hope to get a favoi-able one written to-day 
in its stead. These things go so d— n slow and have to be so carefully 
watched that 1 often feel like throwing up the whole thing. 

You are mistaken in supposing I expected to succeed White. I 
never thought of that; in fact, would not take the place if it were 
offered to me. The only thing I hoped to see done was his displace- 
ment by some fair man. Have almost lost hope in that matter, although 
1 have been assured that such would be the result. 

Timms called and we had a long talk yesterday for the first time 
since he returned. He still has hopes, and I mther think it can be 
arranged for us to pull together if he gets the permit. 

Sincerely, _.. 

Harper. 

These letters extend through a period of time. The parties claim 
that thev have very influential people connected with them in this 
matter; that they are holding consultations here in Washington; that 



108 



LEASING OF INDIAN LANDS. 



LEASING OF INDIAN LANDS. 



109 



there are two other companies seeking to obtain the same privileges; 
that among the people thus involved are doubtless people from your 
city, Milwaukee [referring to Senator Quarles], and New York; that 
liually, as the letters disclose, the matter culminated by the people in 
New York and the people in Wisconsin joining together and on 
February 24, 1899, incorporating what is known as the Florence 
Mining Company, with a capital of $3,000,000. That thereupon a 
representative of the Florence Mining Company approached Harper 
and proposed a division of that $3,000,000 (aiter settmg aside a certain 
sum for working capital) equally between three organizations men- 
tioned; that Harper and his associates refused to entertain that 
proposition, as he says, because they had such influential backing in 
the shape of ''the powers that be;" that those making the proposi- 
tion were powerless to win, and it was unnecessary to form this 
alliance. Finally, the letter — which has not been put in the record — 
in general discloses that a proposition was finally made, and it was 
agreed that these three concerns should unite, and thereafter Harper 
dropped out and the further operations were carried on by the Flor- 
ence Mining Company. 

Mr. Chairman, I have no more interest in this matter than any 
other Senator. Of course, it involves a very important question, 
that of mineral lands, and has a peculiar history, but having laid this 
matter before the committee, all I ask now is that you have Mease 
and McAndrews, w^ho are on that reservation, and Harper, who is at 
Akron, and Thoman and others, who seem to be in consultation here 
in Washington, summoned before the committee that they may be 
examined. 

The Chairman. We will appoint a subcommittee for that purpose. 

Senator Quarles. I am in favor of a most thorough examination 
into this matter. 

The Chairman. After Senator Clapp shall have made his report, we 
will hear Mr. Sutherland, a member of the House of Representatives 
from Utah, who is here to speak on the subject of title to those lands, 
and then we will appoint a subcommittee to attend to the other matter. 

Senator Clapp. There evidently has been a misunderstanding. I 
did not understand that Senator Clark and 1 were to report on the 
question of the right to lease these lands, but simply on tne question 
of the right of the Government to deal with these lands without the 
assent of the Indians, as provided b}^ the Kearns bill. 

The Chairman. We will hear Mr. Kearns on the lease. You may 
deal with the title. 

Senator Clapp. I ask the clerk to read the report we have prepared 
on the bill. 

The clerk read as follows: 

• 

Report to accompany Senate hill '2136. 

The Committee on Indian Affairs, to whom the above bill was referred, 
report the following amendments: 

Strike out the word '' forty " where it appears on the ninth line on 
the first page, and insert in lieu thereof tne words orie hundred and 
sixty. 

Strike out the Avords ''be in a single tract" where the same occur 
on the ninth and tenth lines of the first page of said bill, and insert in 
lieu thereof the words consist of contigiums tracts. 



a 



\ 



Insert, after the word *' provided/" on the :?>eventh line of the third 
page of said bill, the following: (md m^faid as any allot m tuts are mad^ 
under this ac^7X/^^;iAv therefor shaU issue., to he held by the United 
States i?) trust for the allottee for the tenrt ofttreuty-fre years. 

And with said amendments the coimuittee report favorabh' upon 
*said bill and recommend its passage. 



MEMORANDA. 

To meet the objections to the foregoing bill, that no provision is made 
for assent to its provisions by the Indians upon the Uintah Reserva- 
tion, the committee beg leave to submit the following: 

The erroneous impression has prevailed that the so-called Uintah 
Reservation, in the State of Utah, was created by a treaty. It appears, 
however, from an examination of the records, that no treaty has ever 
been made with the Uintah Indians. In the Report of the Commis- 
sioner on Indian Affairs, 1872, page 56, it appears — 

The Uintah Utes, numbering 800, are now residing uix)n a resenation of 2,039,040 
acres in Uintah Valley, in the northeastern corner of the Territory, set apart for the 
occupancy of the Indians in Utah bv Executive order of October 3, 1861, and by act 
of Congress of May 5, 1864. * * *' The Uintah Utes have no treaty with the United 
States, but an appropriation averaging about $10,000 has-been annually made for their 
civilization and improvement since 1803. 

In 1874, Major Powell, before the Committee on Indian Affairs in 
the House, made the following statement: 

There is no treatv with the Piutes; that is, with all the Indians of southern 
Nevada, southeastern California, northwestern Arizona, and southern Utah. There 
is no treaty with the Utes in the Uintah Valley, an<l none with the Pahvants, near 
Fillmore. " * * * More than three-fourths of all the territory under consideration 
has never been ceded or bargained away by the Indians to the United States. ( Misc. 
Doc. 86, Forty-third Congress, first session.) • 

Again, in 1890, the Commissioner of Indian Affairs, on page 30, 
enters into an exhaustive discussion of the title to the existing reser- 
vation; the reservations are classified, those that were established by 
treatv and those that were established by Executive authority, and 
among the latter includes the Uintah Valley. 

It is doubtful whether anvone would have assumed that a treaty 
existed with the Uintah Indians, or relating to the Uintah Valley, except 
from language used in the Strawberry Valley Cattle Company v. Chip- 
man, 45 Pacific Reporter, p. 348, and we can not but think that a care- 
ful examination of the records will disclose the fact that the court took 
certain things for granted which were not and are not supported by 
the facts. The court, speaking of the Utah Indians, referred to a 
treaty made in 1849. This treaty is found in the Statutes at Large, 
Vol. 9, p. 985, and is simplv a treaty of amity and peace between what 
is generally designated as the Utah Indians and the Government of the 
United States. Section 7 of that ti-eaty provides the said Utahs '' bind 
themselves not to depart from their accustomed homes or localities 
unless specially permitted by an agent of the aforesaid Governinent; 
and so soon as their boundaries are distinctly defined, the said Utahs 
are further bound to confine themselves to said limits, under such iiiles 
as the said Government may prescribe/' the Government agreeing to 
grant to said Indians such donations, presents, and implements, and 
adopt such humane measures as said Government may deem meet and 
proper. 



110 



LEASING OF INDIAN LANDS. 



LEASING OF INDIAN LANDS. 



Ill 



October 3, 1861, an Executive order was made. On May 5, 1864, 
an act of Congress was passed (13 Stats, at Large, chap. 77, p. 63). 
This act provided for the sale of the several Indian reservations in 
the Territory of Utah, except Uintah Valley, and authorized the Super- 
intendent of Indian Affairs to collect as many Indians as might be 
found practicable in the Uintah Valley, which ''is hei-eby set apart 
for the permanent settlement and exclusive occupation of such tribes 
of Indians as may be induced to inhabit the same." The first part of 
this act was sulisequently repealed by an act throwing the lands 
referred to in the first section of the act open to settlement under the 
general public-land laws. (See 20 Stats, at Large, p. 165). Subse- 
quently, Congress passed two acts (25 Stats, at Large, p. 157, and 13 
Stats, at Large, p. 432) for the negotiation of treaties with the Ute 
Indians in Utah, but the treaties were never completed. 

The question then would be whether the act (chapter 77; Statutes 
at Large, 13) and the making of provision for negotiations created a 
title to the lands in question. Certainly the act (chapter 77, Thirteenth 
Statutes at Large) could not be construed to have that effect. 

The territory in question was acquired from Mexico, under which 
Indians, excepting those living in pueblos, have no title whatever to 
lands; and it is worthy of comment tliat where treaties have been made 
with Indians upon Mexican territory acquired by the United States 
such treaties in the first instance often, if not invariably, provide that 
nothing in the treaty shall be construed as creating any higher title 
than that held by them before the acquisition of the territorj^ from 
Mexico. (See Treaty, ratified October 8, 1864, p. 979, Indian Treaties.) 
Gain, the mere diminution of Indian territory by act of Congress would 
not in itself create any higher title in the diminished territory than at 
first existed in the territory so diminished, unless there was something 
in the nature of a* contract in the proceedings bringing about such 
diminishing of territory. 

Taking then into account the fact that this territory was acquired 
from Mexico, and the rule that the mere diminution of territory does 
not in itself establish any higher title to the excepted territory than 
previously existed as to the territory thus diminished, it is difficult to 
see how the act referred to created any title. It may be remarked 
in passing that no boundaries were described. 

It seems conclusive that if the people of the United States had a 
right on May 5, 1864, to throw open the lands in the Territory of 
Utah without obtaining any assent whatever, they have the same right 
to provide for the allotment and disposition of the lands excepted from 
the provisions of that act. 

It seems unnecessary to add that the mere act of Congress provid- 
ing for commissioners to treat could not in itself be construed as any 
evidence of title. 

Senator Platt. You say that the patents shall issue to the United 
States ? 

Senator Clapp. That is a misprint. 

Senator Platt. The United States issues the patent, but not to 
itself. 

Senator Clapp. Yes; that may be changed so that it will read, 
*' patents shall issue therefor to be held by the United State^^,'- etc. 

Senator Platt. That is all I care about. 

Senator Clapp. Now, Mr. Chairman, as to those three amendments, 



\ 



I will say that they are made in response to a suggestion from the 
Secretary of the Interior, the idea of the subcommittee being to free 
this matter, as far as possible, from outside complications, and to 
present the one question of the right of Congress to allot these lands 
and provide for the sale of the other. The Secretarv objected to an 
allotment of 40 acres to Indians not heads of families. That is the 
first amendment. The second deals with the single tmct proposition 
and provides for contiguous tracts, and the third provides that the 
lands shall not be disposed of by the Indians for twenty -five yeai-s. I 
take it that there will be no question as to those three amendments as 
the general proposition covered by the committee's report. 

I do not care to say anything further at present; but before acting 
on this bill, I think it would be well to hear Mr. Sutherland, who, 
more than anyone else, has investigated the question of title. 

8TATBHENT OF MB. GEORGE STTTHEELAin), MEMBER OF THE 
HOUSE OF REPRESENTATIVES FROM UTAH. 

Mr. Sutherland. Mr. Chairman, the bill which is now being con- 
sidered by the committee was introduced in the Senate by Senator 
Kearns and in the House by myself. It provides, in substance, that in 
six months after the passage of the act the Secretary shall require the 
Indians upon the reservation to make selections of lands in quantities 
that are mentioned in the bill, and that he shall thereupon allot the 
lands to the Indians, and patents shall issue to them. There is no pro- 
vision in the bill for the consent of the Indians, and that has occasioned 
some criticism of it. 

It has been generally supposed, — indeed it has been asserted by the 
Indian OflSce repeatedly, — that the Indians upon the Uintah Reservation 
had some title to the lands there in addition to the original Indian 
title by occupancy. But quite a careful examination of the history 
of the various transactions and of the acts in reference to it convinces 
me that the claim is without foundation. I will go very briefly over the 
situation, because the report just filed by Senator Clapp covens the 
case very fully. 

The supreme court of Utah has held, and the Department itself 
insists, that the title to the Uintah Reservation is vested in the Utah 
Indians; that in 1849 there was a treaty made with these Indians, and 
in pursuance of its provisions this Uintah Reservation was established 
ana is a treaty reservation. 

This treaty of 1849, as gentlemen will see if they care to examine 
it, was made near Santa Fe, N. Mex. I have investigated the his- 
tory surrounding the treaty, and I find that shortly after the Mexican 
cession Mr. J. S. Calhoun was sent into that country as Indian agent, 
and in the Senate executive documents and House executive documents 
of the Thirty -first Congress you will find various letters from Mr. 
Calhoun to the Indian Department which bear upon this question. 
When Mr. Calhoun got there he found that the Indians were wander- 
ing about the country committing various acts of depredation, steal- 
ing, and the like, and acting on suggestions of the Indian Department, 
he undertook to negotiate a treaty with them. He first negotiated a 
treaty with the Navajo Indians, and then with the Utah Indians. The 
Utah Indians referred to and who took part in that treaty were three 
tribes, the Mohaaches, Capopes, and Nomenuches. The Utahs were 



112 



LEASING* OF INDIAN LANDS. 



LEASING OF INDIAN LANDS. 



113 



not in a strict sense a nation, but tribes that were wandering about 
the country, between what is now the Idaho line and as far down as 
New Mexico, and in that extensive region, not settled anywhere, but 
roaming to and fro, there were numerous bands of so-called Utah 
Indians, not under a common head chief , but with distinct tribal organ- 
ization. It happened that there were three tribes or bands of these 
Indians in New Mexico, and this treaty was made with those three 
bands, and not with the Utah Indians genei^ally or as a nation. 

These three bands did not include the Uintah Indians or anv of the 
Indians in what is now the State of Utah. That treaty, as the instru- 
ment shows for itself, was simply a treaty of peace. It provides that 
stolen property should be surrendered; that yarious American and 
Mexican captives should be turned over to the officers of the Govern- 
ment, and that the Indians should cease their wandering habits, and 
that, so soon as their boundaries should be defined by the Government, 
they should confine themselves to those boundaries. # 

It is by that thin thread that the supreme court of Utah ties the 
rights of the Uintah Indians to the Mexican treaty of 1S49. It will be 
seen that the Indian names signed to that treaty are all of Spanish 
origin. We know that the Indians in Utah did not have Spanish 
names, but strict Indian names. If you will compare the names of 
the Indians of Utah with those of the Indians of New Mexico and 
farther south, the difference will be apparent. Therefore it seems to 
me that this treaty had nothing to do with the creation of the Uintah 
Reservation. In 1864 there was no treaty with the Uintah Indians, or 
any of the Indians of Utah, but the agenl down there was directed to 
negotiate a treat}' with the Indians in Utah, upon the express ground 
that no treaty existed, and necfotiations were set on foot with that 
end in view; but nothing was ever accomplished. A treaty was formu- 
lated, but it was never i-atified by the Senate and was never in force. 

In 1861, I find from some of the documents in the Interior Depart- 
ment, an Executive order was issued by the then President of the 
United States, setting apart the Uintah Valley, or the valley described 
as being on both sides of the Uintah River, for the occupation of the 
Indians. I can not find the order itself, though I looked for it. But 
in 1864, in 13 Statutes at Large, page 63, you will find the act of 
Congress which creates the so-called Uintah Reservation. That act 
first provides that the yarious reseiTations then existing in the State 
(which, by the wa3% at that time were four — Com Creek, San Pete, 
Indian Fann at Spanish Fork, and the Deep Creek reservations) should 
be appraised and sold to the highest bidder, and that the Uintah 
Valley should be set aside for the use and occupation of the Indians, 
and the Secretaiy, or i-ather the Indian agent, was directed to gather 
together as many Indians of the various tribes inhabiting Utah as 
practicable, and to settle thereon as many as could be induced to inhabit 
the same. 

In passing, allow me to make a suggestion. If it were true that this 
Uinta Reser^'ation was tied to the Mexican treaty of 1849, would it 
be expected that in 1864 the Indian agent would be directed to gather 
together all the Indians of Utah Territory who might be induced to 
occup3' the same and settle them upon that reser\'ation — not the Utahs 
alone, with whom the treaty had l>een made, but all the Indians of 
of Utah — Utahs, Shoshones, Navahos, or any others; to gather them 
all together and settle them in this valley i In pursuance of that the 



^ 



>i 



Indian accent did gather together as many Indians as he could induce . 
to eo there and settled them upon that reservation. 

Ihere were, of course, many Indians in the State^^ho were not 
taken there at all, but who came within the terms ^^ /^e act Latei, 
along in 1878, this act of 1864, so far as it provided for the appi-ai>e- 
ment of reseiWions and sales to the highest bidder, ^as x-epealed^ 
and the Secretary of the Interior was directed to cause them to be 
restored to the public domain. The Indians held those reseiv-Uons by 
as high a title as they held the Uinta Reservation; and if Congress 
had the power to restore those reservations to the public domain with- 
Sit anv price or any treaty or any coiisent of the I'.^dians it has the 
powcr'^to restore this reservation to the public domain, bo that, tak- 
Fng all the acts together, it is apparent tUt all that was done on the 
Ufnta Reservation was simplv to carve out of the ^^^'^f ^^^' «{ ^^"^ J 
the lands which had been theretotore roamed over by the Indians, 
this small tract of land for the use of the Indians. 

The rule is well settled that a mere reservation out of the laigebodv 
of the Indian lands of a smaller tract does not change the title. 1 w HI 
refer the committee to several oases on that point. 
Senator Harkis. Were there any boundaries dehnedf 

Senato™lpif Cite vour authorities, so that the reporter may put 

'X."s.trixi>. I was going to do that I hav. one in 1 
McCreary, 238, Goodfellow n Joseph Muckeyetal; 2 McW 
Doe ..r dk. R. Godfrey v. Beardsley ; 15 Minn 380, The L n ted btates 
ex rel v C. K. Davis, United States district attoinev, and 30 Ind., W2, 
Wheeled and another v. Me shing go me sia. Besides there are some 
deSs of the Supreme Court of the United States where they do 
upon not expressly pass this question, but where it was "ee^-^^ry to 
ffedecision that the principle should be recognized. And 1 can give 
the reporter references to other cases. ^ ^t i^ax ^hioh 

Now, attention was called to the boundary. The act «/ 1^ ^^^^^ 
sets apart this Uinta Valley is singularly indefanite. It Mmph >^}^ 
that tie Uinta Valley shall be set apart for the use and occui^ation of 
the Indians, but no boundaries are pointed out. , , ^. , , 

Senator Platt. Is there any provision there that when the bound- 
aries shall have been established the Indians shall not go off the 

limits of those boundaries. , .u * ♦„ «f 1 $ua thPi-P i^ » 

Mr Sutherland. Not in this act. In the treaty of 1849 theie is a 
prmVsion-that when their territonal, not reservation, V)oundanes 
shill have been established they shall not depart from them. 

The^: is another thing which 'indicates that, .^^ ^'^^/t' ^^LTbeei 
not intend to confer upon the Indians any title. If feuch had been 
intended we would have expected that some tribe or tribes of Indians 
or indlviralTor some definite grantee would have been r)o.nted out, 
but nothing of that kind appears in the act. As I said, the Indian 
aSnt isSplv directed to gather together in the Temtoi-v as many 
?San^s he ?an-no particular tribe of Indians-but any Indians or 

"""sSoTplatt. Are not the boundaries or the extent of this reserva- 
tion known now ? Did you not say that there are so many acre, in it, 
and do not the reports sav there are so many acres m it ! 
Mr Sutherland. Yes. But the act was passed some years ago, 

S. Doc. 212 8 



114 



LEASING OF INDIAN LANDS. 



and the Interior Department caused the survey to be made bj' simply 
following the tops of the mountains around the watei*shed. 

Senator Hakris. Do j'ou know what the valley was understood to be ? 

Mr. Sutherland. It was construed to mean the entire watei'shed 
of the Uintah River. But whether that was intended by Congress or 
not we do not know. 

The Chairman. There is no direction in the act to resurvey ? 

Mr. Sutherland. No direction in the act. 

The Chairman The general power of the AdministiTition ? 

Mr. Sutherland. Althouorh there mav be in some of the various 
appropriation acts some direction to do it. 

oenator Dubois. That was done, was it not? 

Mr. Sutherland. That was done some j-ears ago. They extended 
it to include all the various branches of the Uintah River. It took in 
the entire watershed of the Uintah River and all the tributaries of 
that river, some of them very large — the Strawberry River and the 
Du Chesne River. The Du Chesne is larger than the Uintah. The 
Uintah River is really a tributary of the Du Chesne. I find no authority 
for it, but in making the survey thej' have taken that entire water- 
shed that goes to make up the river. 

Senator Gamble. The Uintah River is a tributaiy of the Du Chesne? 

Mr. Sutherland. Yes. 

Senator Rawlins. The original bill really confines it to the water- 
shed of the Uintah River. 

Senator Clark, of Montana. There never was anything more done 
in the way of boundaries? 

Mr. Sutherland. Never by act of Congress, or by treaties, or by 
Executive order, and there is no act of Congress approving it, so far 
as I know. 

Senator Gamble. Is it known how long the Uintah Indians have 
occupied that valle}^; how long they have been in possession of it? 

Mr. Sutherland. They have occupied it from the time it was 
created, about 1864. 

Senator Gamble. Were they in possession of it before that ? 

Mr. Sutherland. No; I think not. The Uintah band of Indians, 
like the other Utah Indians, were w andering tribes, had no fixed place 
of abode. 

Senator Rawlins. Their home is on that river right in that section 
of the reservation where they wandered. 

Senator Gamble. They have not occupied it fi'om time immemo- 
rial; they simply roamed over it. 

Mr. Sutherland. Wandered over it. The treaty of 1849 speaks of 
this characteristic of the Utes. 

Senator Quarles. Is there more than one tribe or band? 

Mr. Sutherland. Yes; there are White River Utes, Uintah Utes, 
and Colorado Utes. 

Senator Quarles. Whose rights would be as nmch affected bj^ this 
bill as would those of the Uintah Indians? 

Mr. Sutherland. Precisely. 

Senator Gamble. How many Uintahs are there? 

Mr. Sutherland. Not over 800 — at the outside not to exceed a 
thousand Indians on the reservation altogether. 

Senator Gamble. How many Uintahs < 

Mr. Sutherland. I do not know. 



leasing of INDIAN LANDS, 



115 



I? 



il 



I 



Now, I want to call attention to the fact, to emphasize the idea, that 
Congress never considered the Uintahs, Utes or any other Indians who 
gathered there had any greater title than the original title of occu- 
pancy. In the nineties some time a treaty was made with the Colorado 
Indians in which they ceded their reservations to the Government, and 
without asking the consent of the Indians occupying the Uintah Reser- 
vation a large portion of those Colorado Indians were taken over and 
dumped upon that reservation. . i! u • 

Senator Gamble. Which was just as much an invasion of their 

rights as this would be. 

Mr. Sutherland. Yes. 

Senator Gamble. Was there any resistance on the part of the 
Uintah Indians to the other tribes coming in ? 

Mr. Sutherland. No. 

Senator Quarles. We stipulated that they should go. 

Mr. Sutherland. I want to speak a word in regard to the question 

of leasing. . . 

The Chairman. If you have looked that question up, give us the 
history of events leading up to the act that authorized leases, by the 
approval of the Secretary, of lands bought and paid for by the Indians. 

Mr. Sutherland. In 1891, as gentlemen know, what was called the 
" Dawes Indian Act" was passed, which act provided generally for an 
allotment of lands in severalty to the Indians. That act, as finally 
passed, contained a proviso to the effect that where lands were occu- 
pied by the Indians who had bought and paid for them, and where 
they were not needed for individual allotments, they might be leased 
in a certain manner that was pointed out by the act. The bill as 
originally introduced in the Senate did not contain that proviso m that 
way. The proviso in the original was that the Indian land^ not 
needed for individual allotments should be leased in that manner. The 
bill passed the Senate in that way and passed the House in that way. 
Finally, a conference committee was appointed. I think Senator 
Piatt was on the conference committee, and he, perhaps, remembers 
something about it. When the bill came out of conterence it con- 
tained the proviso as it now reads in the law. 

Under that act the Indian Department has authorized the execution 
of leases for grazing lands upon this reservation. It seems to me 
that the act was never intended to apply to a reservation of that char- 
acter. I find when I go back to the history that led up to the passage 
of this act that, as early as 1884, people were agitating the question 
of securing leases of land in the Indian Territory of the Cherokee, 
the Creek, and one other tribe of Indians. The Indian Department 
held that there was no authority for the execution of such leases. In 
1885 it appears that the Indians had executed some leases m the Indian 
Territory. The matter was then referred to the then Attorney- 
General of the United States, Mr. Garland, for an opinion, and Mr. 
Garland gave it as his opinion (18 Opinions of Attorneys-General) 
that irrespective of title, the Indians had no authority to make leases 
of their lands, and no authority resided in either branch of the Gov- 
ernment to make or ratify such leases, whether the Indians held the 
land in fee simple or by ordinary occupancy— that they had no power 
to execute or authorize or ratify any lease whatever. 

The matter continued to be agitated in the Interior Department until 
1890 when the situation appears to have become acute. At that tune 



116 



LEASING OF INDIAN LANDS. 



LEASING OF INDIAN LANDS. 



117 



the report came to the President, Mr. Harrison, that the cattlemen 
had secured leases of valiuible sections of country there; that cattle 
were upon these lands, and he was asked to interfei-e and declare these 
leases void. The communication was turned over to Attorney-Geneml 
Miller, who, in an opinion upon the subject, concurred with Mr. Gar- 
land, and announced that these leases were absolutely void. Following 
that, three days afterwards, the President issued a proclamation declar- 
ing that these leases were void, and ordering these cattlemen to leave 
in sixty da3^s, I think; at all events on or befoi-e October 1, 1890. 

At that time this bill was pending in the Senate. It finally became 
a law- on February 28, 1891. It seems to me very clear that Con- 
gress simply recognized that there were cases where the Indians had 
the fee-simple title to their lands, where they had actually bought 
and paid for them. In some instances they had paid money and 
received patents from the Government of the United States for 
distinct tracts of land, and it was recognized that in cases of that char- 
acter it was unjust to sav that the Indians should not have the bene- 
fit of their lands. And ^ the proviso is so carefully and guardedly 
worded that it is evident Congress did not intend to announce a gen- 
eral leasing policy, but to confine it to lands bought and paid for. It 
seems to me that the language ^\ as not selected at hapliazard. It 
might have said lands owned by the Indians, and that might have been 
construed as meaning lands held by ordinaiy occupancy. But when 
it says lands ''bought and paid for,'' it implies a bargain and sale tmns- 
action— the Government on the one side selling and the Indians on the 
other buying the lands. I have no doubt that was the intention of 

Congress. 

If the Interior Department is cori-ect alx)ut it, instead of there 
being two classes of lands, as is clearly implied by the act— one 
bought and paid for and another which has not been bought and paid 
for — there is only one class, as the Interior Depaitment holds, that 
the act applies to— a tract of land cai-ved out of a large body of 
land, where the Indians have given the laiger Ixxly and taken the 
smaller. And all reservations are created that way. That there are 
lands bought and paid for by the Indians is very clear, and I wish to 
call attention to a case in 17 Wallace, the case of Holden i\ Joy, pages 
211, 238, 241, and 245. In that case the purchase was made by the 
Cherokees of a large tract of land for 1^500,000 in money, which was 

paid. 

Senator Rawlixs. Congress has already decided in regai-d to the 
proposition which is here. It passed an act in terms substantially the 
9ame, and in that case the reservation was restored to the public 

domain. 

Mr. Sutherland. I did not investigate the title to the Uncom- 
pahgre Keservation, but my impression would be that they are the 
same. The Unconipahgre Reservation, as I understand, was created 
by an Executive order. I do not think there was any act of Congress 
in reference to that. 

Senator Rawlins. No; there was an Executive order, as in the case 
of theUnitah Reservation, and some appropriations by Congress recog- 
nizing the existence of the reservation. 

Senator Platt. Upon what principle do you give the allotment any- 
way ? Is it because you recognize their title by occupancy — what is 
valuable you compensate them for— or is it upon the geneml ground that 
we are bound to take. care of our wards? 



I;* 



vt 



I 



Mr. Sutherland. My own idea is that it is upon the general ground. 
The Indians have been in occupancy of that resenation for many 
j^ears, and have come to look upon it as though they had some rights 
there; and if we are to err on either side, we should err on the side 
of the Indians. We simply provide for that out of a desire to do 
justice to them. 

Senator Platt. If it be upon the ground that they have some title 
for which they are to be compensated, then it seems to me that ItM) 
acres to the head of a family and 40 acres to a person not a head of a 
family is as much compensiition as the Government ought to give 
them. What the Government has been doin^ heretofore when allot- 
ting lands to the Indians — when deciding on Executive orders — was to 
give them a certain number of acres of land and something in addition 
m the way of cash. 

Senator Clapp. The bill provides that the proceeds shall all go to 
those Indians. 

Mr. Sutherland. The bill provides that the other lands shall l>e 
sold at $1.25 an acre, and the mineral lands at $5 an acre, under 
the mineral laws, and all the moneys so received shall l^e covei-ed into 
the Treasury for the benefit of the Indians, and they are to get the 
benefit of the entire reservation in that way. 

Senator Clapp. So far as the committee is concerned, if it is thought 
that is not enough, the committee will not stand on that. We have 
no pride as to the detail provisions of the bill. > 

Senator Platt. If you agree to give them this specific number of 
acres, and give what each one brings by express sale, I do not see that 
anything can be objected to on the ground that we are not properly 
compensating the Indians for any rights they may have there. Then 
the question is, shall we do it by act of Congress, without negotiating 
• with or securing the consent of the Indians? or whether we are to 
obtain their consent, and that, I suppose, depends upon whether or 

not the}^ have title. 

Senator Rawlins. I would like to ask my colleague whether, there 
being ample land in the northeast corner of the resenation. that part of 
it which was originally designed for these Indians for their allotments, 
it would be satisfactory to him to have an amendment to the bill throw- 
ing open at once all of*^the reservation with the exception of that part 
which is occupied by the Indians? That is just one feature; but it 
could be ottered as an amendment. That would restore all this land 
here [idicating on njap] to the public domain. 

Mr. Sutherland. It seems to me that if we pass a measure of that 
kind we simply postpone to the future the allotment of these lands to 
the Indians in severalty, for it will have to be done, and it may as well 
be done now as later. 

Senator Rawlins. You do not apprehend my proposition, lour 
bill is preferred to my bill. What 1 desire to call your attention to 
is, whether or not by this bill we might throw open this part of the 
reservation at once, and make this other part of the reser\'ation as 

created by vour bill. 
Mr. Sutherland. I not only think so, but it would l>e the better 

thing to do. , , , . ^ ^ ^u- 

Senator Clark, of Montana. It would not take m any part of this 

reservation which vou already have. . , . i 

Mr. Sutherland. The lands are already occupied in that ixirt of 

the valley by the Indians. 



118 



LEASING OF INDIAN LANDS. 



LEA8ING OF INDIAN LANDS. 



119 



The Chaikman. Could vou in any way designate it bv description- 
land not suitable for agriculture, or something of that kind? 

Mr. SUTHEKLAND. Senator Rawlins's bill designates it as the part of 
the reservation. He now points it out on the map— I forget what the 

^S?nator'RA\\-Lixs. .\s soon as this bill becomes a law it would re- 
store to the public domain all that part of the reservation except that 
which is indicated in the northeast comer of the reservation, and then 
proceed to deal with that part of the reser\ation as in the bill i 
Mr. Sutherland. Yes. • . . 

Senator Quakles. I want to say at the outset that I am in favor of 
any measure that will throw open lands and disintegrate tribal rela- 
tions But the gentlemen misunderstand the legal importance of this 
proposition. It applies not only to this reservation, but to all others, 
and we should be very cautious as persons charged with such respon- 

'"^ have great respect for the learning and abUity of the distinguished 
Senator who made the report this morning. »«* J. ^Jsh to call atten- 
tion to one proposition of the committee, and that is that that report 
overruled what appears to be a deliberate opinion of the supreme 
court of Utah and three opinions of Attorneys-General. 

The Chairman. No; of the assistants. . „ j • v. 

Senator Quarles. The various assistants, but all concurred in by 

Mr. Secretan' Bliss. „ . ,^,. ,, „,. xl- 

Now, I do not want to enter upon a discussion of this matter at this 
time- 1 onlv wish to suggest that my learned fnend omitted in his 
Report to LTment upon the provision of the act in 21 SUtutes at Large 
page 199. The great fact embodied in that act is the ratification of 
the^agreement between the United States Government and the Ute 
Indians in Colorado, wherebv those Ute Indians transferied tothe 
GovernmenVall thei • lands in Colorado. The Government ratified the 
agiiemrt and provided for the disposition of the lands. The act says 
that -the White River Utes agreed to remove to and settle upon 
a^iultural lands on the Uinta Reservation in Utah "and on the next 
page it is provided that the President of the United States may pio- 

vide homes for these Indians. xu * 4^ . f.i^..A 

The treatv provided for this, but for some reason the treaty fa led. 
But the President did take these Indians, these several baiids ot Ute, 
and put them, pursuant to this provision of law, upon this P|ece of 
land So that the legal question is narrowed, and, a-s 1 view it, it is 
simply this: Whether to make applicable to this case the proposition 
known as the " bought and sold " pi-ovision it is necessary for the inter- 
ventTon of a treaty, or whether the spirit of the law fo lows this trans- 
action-that where a band of Indians have given up to the Government 
the title to a piece of land as a consideration for aVnf.*"^^ J'^^^^^^^' 
after put in that home bv the United States, their right is not the same 
as though it had been tlie subject of a formal ti;eaty It seems to me 
JSat tha^t is the legal question involved, and^^^hout desiring to d^^^^^^ 
the committee at this time, I would respectfully a-sk, ^i. Chan man 
that we be given an opportunity to investigate it, say, until the next 

"^ Th "6'hairman. There is no hurry about this matter. 

Senator Clapp. I agree with the Senator from W isconsin. Ihesub- 
commUtee has no prile in this matter. We have brought it before 



X 



I 



f 



the full committee and presented it in the lijsrht in which it api)ears to 
us. If it is not right, we do not want it. But we believed that the 
act of Congress authorizing these Indians to be taken down on this 
Uinta Reservation was an assumption on the part of Congress of its 
right to deal with that reservation, and was an esta))lishment of the 

Principle that in the act of 1864 creating that valley a reservation we 
id not create in the Indians any additional right, and that we could 
take the reservation at any time. 

Senator Quarles. This land is taken by agreement, by which agree- 
ment they are ceded to the Government. 

Senator Rawlins. I want to call Senator Quarles's attention to one 
thing, and that is that by that act the lands in Colorado were ceded 
to the United States, and the Government undertook to plant those 
Indians in Utah— to provide them homes. That is the only obligation 
which the Government ever incurred, and that is being fultilled by 
the provisions of this bill, because it is proposed to allot those lands 
to those Indians. 

Senator Quarles. The question is whether my distinguished friend 
is not sticking in the bark. In consideration of this section of the act 
referred to, which expressly provides that the White River Utes agreed 
to remove to and settle upon agricultural lands on the Uinta Reserva- 
tion in Utah (and they are now concerned in this bill), and in consid- 
eration of the further section which provides that the President is 
authorized to carry that out and settle the Indians there, the question 
is whether, as matter of law, the relations of those Indians to that title 
is not precisely the same as though it had been embodied in a formal 
treaty. If it had been embodied in a treaty and they had been given 
the right by formal treaty upon the basis of this section there would • 
be no doubt that it was bought and sold under this law. 
The Chairman. I differ with you. 
Senator Quarles. Bought and sold under this law to the several 

bands of Utes. 

Senator Rawlins. The treaty to which Senator Quarles refers was 

a treaty with 

Senator Quarles. Several bands of Utes. 

Senator Rawlins. And the Uncompahgres the same ? They have 
the right to take allotments in there or on a reservation in Colorado. 
If they did not take in Colorado they had the right to go over into 
Utah and take lands there. When they did take lands in Utah they 
should pay for them at the rate of $1.25 an acre. That treaty referred 
to the tJncompahgres, and when Congress disposed of that land it did 
it without making any treaty with the Indians, by reason of the fact 
that they had no title'^to those lands. And the same provision that is 
applicable to the Uncompahgres is applicable to the White River 
Indians on the reservation. 

The Chairman. Before this matter passes I want to make a single 
remark. This is a grave question. It involves the prosperity of 
almost the entire West. In the car\4ng out of these reservations, 
they include vast mineral regions in all those States. To delegate to 
the Indians the right to sell or lease those lands would lead to a great 
many investigations, to constant investigations, because the Indians 
are incompetent to deal with the question. I am as confident of that 
as I am that I live. It was never intended that the Indians should 
lease the lands, practically sell them. If taking away a reservation— 

J 



120 



LEASING OF INDIAN LANDS. 



giving a part of it and paying for the remainder is buying — if that be 
true, then it applies to everj^ reservation in the country, because there 
is no reservation in existence but what has been carved out of a hirger 
one. So that this is a very serious question, and I am not anxious 
to have it speedily disposed of. I want every Senator to think of the 
responsibility to be assumed in throwing away half of the mineral 
lands of the United States. 

Senator Rawlins. It is a matter of fifty million acres of land. 

The Chairman. Fifty million acres of land. If that policy is to 
prevail we will have plenty of investigations. 

Senator Clai'p. Does not this act of 1871 limit it to agricultural lands ? 

The Chairman. That is agricultural land but not mineral land. We 
can not have the mineral land set aside in that way. No reason can be 
used, it seems to me, to justify the proposition that the reduction of 
a reservation by treaty or by statute is the granting of a title to the 
balance as land bought and paid for. 

This case was first decided by the Department, the Commissioner 
of Indian Affairs, and that was assumed as authority by the Secretary 
of the Interior, who predicated his decision on it, and then by the 
supreme court of Utah, which predicated its opinion on the decision 
of the Secretary of the Interior. But there can be no reason that will 
sustain such a proposition as that. If it were intended by Congress 
that fifty million acres of land, which is three-quarters of the mineral 
lands of the country, were to be disposed of in that way, it would not 
have gotten a vote. 

Thereupon (at 12 o'clock m.) the committee adjourned. 

O 



i 



V 



TWt Ou^lsoV^-KwCVJ^^ 



Indian Rights and Wrongs 

On another page will be found a reply 
from Commissioner Jones, of the Indian 
Office at Washington, to the charges made 
by Mr. George Kennan in The Outlook 
of March 29. The Commissioner's reply 
is not, in the judgment of The Outlook, 
complete or adequate. Mr. Kennan has 
made specific and detailed charges in the 
Standing Rock case, which he reinforces, 
in many instances at least, by reference 
to the official and public documents. 
These charges he reiterates in a reply to 
Senator Piatt, of Connecticut, which we 
print together with the letter of Com- 
missioner Jones. Commissioner Jones's 
letter, as may be seen from the date, 
was received by The Outlook as this 
issue was going to press. This, of course, 
precluded any examination by Mr. Ken- 
nan of the answer to his charges ; but 
those readers who are impartially inter- 
ested in this matter, who desire to see the 
truth and only the truth come to light, 
who have no bias against Commissioner 
Jones or for Mr. Kennan, and who will 
take the trouble to read again the original 
charges contained in The Outlook for 
March 29, together with Commissioner 
Jones's reply thereto, and Mr. Kennan's 



f answer to Senator Piatt, will agree with 
The Outlook that Commissioner Jones s 
statement is neither adequate nor con- 
• elusive. Mr. Kennan's original article 
was not published in The Outlook with- 
out due consideration and deliberation. 
Mr. Kennan has an international reputa- 
tion for his ability in collecting, weigh- 
ing, and classifying the evidence which 
may be adduced from an investigation of 
official documents, public records, and 
the reports of Government officials. It is 
not sufficient to make a generic reply to 
his specific criticisms. The history of 
the relations of the United States Govern- 
ment with the Indians has been such that 
when an accusation is made against the 
Government in Indian matters its mno- 
cence cannot be taken for granted; it 
must prove its. integrity. Mr. Kennan s 
detailed charges cannot be ignored or 
evaded, and, in our opinion, Commissioner 
Jones's own statement of the case makes 
a thorough investigation necessary, i He 
Outlook has such confidence in the pres- 
ent Administration at Washington that it 
believes the necessary investigation will 
be made, the necessary corrective meas- 
ures will be applied, and the needed 
I reforms will follow. 



^W. 



The Standing Rock Indian Case^ 

1. Commissioner Jones's Statement 



T-^S^l. 



To the Editors of The Outlook : 

My attention has recently been attracted 
to an article in The Outlook of March 29, 
under the title " Have Reservation In- 
dians any Vested Rights?" The article 
relates mainly to the action of this office 
in leasing the surplus lands of the Standi 
ing Rock Reservation. There is in the 
article such a spirit of unfair criticism, 
officious complaint, garbled statement of 
facts, and such a broad insinuation of 
sinister motives on my part as to induce 
me to take some notice of it, lest my silence 
might be construed as a confession of the 
correctness of the position assumed. 

The writer evidently did not know of 
or has ignored the fact that for years pre- 
ceding the time when steps were taken 
by the office to lease the surplus lands, 

1 Editorial comment on this subject will be found on 
another page. 



many thousand head of outside cattle 
were pastured on the Standing Rock and 
other Sioux reservations, from which the 
Indians, as a tribe, derived no benefit 

whatever. 

Three systems of pasturage were in 
vogue. First, the squaw-men and mixed- 
bloods grazed their own cattle on the 
reservation in large numbers; second, 
these same enterprising classes held many 
thousand head of outside stock on the 
reservation, the owners paying them 
directly for pasturage privileges; third, 
parties living in that part of the State 
permitted their stock to trespass upon the 
reservation, paying no one for the priv- 
ilege. This latter class were freebooters 
pure and simple. Under these three sys- 
tems more than 50,000 head of stock 
have been yearly pastured upon the ad- 
joining Cheyenne River Reservation alone, 



) 



J I 



952 



The Outlook 



[ly April 



during recent years. Many of the squaw- 
men and mixed-bloods have become com- 
paratively rich by taking in the stock of 
outside parties and by the pasturage of 
excessive numbers of their own. It was 
manifestly unfair and unjust to the tribe, 
as a body, to permit a few intermarried 
whites and progressive mixed-bloods to 
monopolize practically all the common 
lands of the Reservation to their own 
advantage and profit, whereas, if the lands 
were leased for the benefit of the tribe, 
all would share alike in the financial 
results derived. 

The office had two purposes in view in 
leasing these lands : First, the overthrow 
of the illegal and unauthorized systems 
that had theretofore prevailed; and second, 
the raising of revenue for the benefit of 
the tribe as a whole. 

Realizing that the Standing Rock Reser- 
vation is essentially a grazing country, 
and in order to encourage a// the Indians 
to become stock owners, a clause was 
inserted in the proposed leases making 
ample provision for the pasturage of a 
reasonable number of stock for each 
family. This clause provides that each 
Indian family residing within the leased 
district shall be permitted to hold therein, 
free of rent, cattle and horses which they 
actually own to an extent not exceeding 
one hundred head. This clause applies 
to all families having rights upon the 
reservation — to the families of squaw-men, 
mixed-bloods, and full-bloods alike. 

The writer of the article appears to be 
greatly exercised over the apparent "change 
of heart '* by this office between May and 
October, 1901, relative to the issuance of 
grazing permits. During the summer such 
information reached the office, through 
the reports of its inspectors, as to induce 
it to inaugurate a system \vhich fvould 
compel all parties that were there grazing 
stock on the Sioux Reservations to pay 
the Indian Agents one dollar per head per 
annum. This has been designated the 
" permit system " of pasturage. It did 
not contemplate securing the consent of 
the tribe for its inauguration, neither did 
it require such action. There was no 
proposition nor intention to invite cattle- 
men to bring in additional numbers of 
cattle for grazing purposes ; it simply pro- 
vided that a tax of one dollar per head, 
paid for grazing stock already on the 



reservation, should be collected by the 
Indian Agents for the benefit of the tribe, 
instead of being paid to enterprising squaw- 
men and mixed-bloods for their individual 
profit. As an imperative corollary to 
this it was necessary to inaugurate the 
permit system for the pasturage of resident 
stock, in excess of a hundred head for 
each family ; otherwise the entire body 
of stock on the reservation might be 
claimed by the squaw-men and enterpris- 
ing mixed-bloods (whether they were 
bona fide owners or not) and thus escape 
pasturage taxation — at least for the bene- 
fit of the tribe, and not to a few inter- 
married whites and mixed-bloods. The i . 
end sought justifies the means, and the { I 
same action will be taken with reference ' 
to other reservations whenever it is ascer- 
tained that the same conditions exist. 

From the general tone of the article, 
one not famiHar with the facts would 
infer that every Indian on the Standing 
Rock Reservation was opposed to the 
action of the office in leasing the lands. 
Such is not the case, however. There is 
no regularly constituted council of the 
Standing Rock Sioux, so that it was 
necessary to call a general council of all 
the adult male members of the tribe in 
order to secure tribal consent to the leas- 
ing. The action of the Indians in the 
matter is therefore embodied in the " gen- 
eral council proceedings " of December 
26, 1901, which is as follows : 

We, the undersigned, Indians of the Stand- 
ing Rock Reservation, North Dakota, over 
eighteen years of age, hereby consent to the 
leasing for a period not to exceed five years, 
for the purpose of grazing cattle thereon, 
at a rate of not less than one ($1) dollar per 
head per annum for each and every head of 
cattle so introduced and grazed upon said 
reservation, the unoccupied portions of said 
Standing Rock Reservation, the consent 
hereby given to be subject in each and every 
instance to the following conditions : 

The tract of land assigned under each per- 
mit, contract, or lease, must be properly fenced, 
the cost of such fencing to be paid from the 
rental which may be due for the first year. At 
the expiration of such permit, contract, or 
lease, said fencing shall be and remain the 
property of the Indians of this reservation, 
and during the term that cattle are so held 
upon this reservation such fences must be kept 
in a proper state of repair at the expense of 
the owner of the stock. 

All persons so introducing and grazing stock 



1902] 



The Standing Rock Indian Case 



953 






will be required to exercise all possible care 
and diligence to prevent depredations by 
their catde upon the leaseholds of other stock- 
men or upon lands occupied by Indians of 
this reservation; and in the event of the 
appearance of any contagious disease among 
their herds, every possible step must be taken 
to prevent the spread of and to stamp out 
such disease, 
[Here follow the signatures of 771 Indians.] 
I do hereby certify on honor that I have 
explained the nature of the above agreement 
to the Indians whose names are hereto ap- 
pended, and am satisfied that they fully under- 
stand the same. 

Joseph Archambault, 

Interpreter. 

We certify on honor that we witnessed the 
signature of each and every Indian whose 
name is hereto appended, and that they signed 
of their own free will and accord. 

Witnesses: Louis Killed. 

Charles Ramsey. 

The proceedings are signed by 771 
male adults of the tribe out of a total of 
983. This is as nearly unanimous as 
could be reasonably expected in a council 
of this kind — considerably more than a 
two-thirds majority of the male adults. 
It is therefore not true that anything like 
a majority of the tribe are opposed to 
the leasing. The opposition comes from 
a comparatively few intermarried whites 
and mixed-bloods whose financial inter- 
ests are involved. They see in the inau- 
guration of the leasing system the over- 
throw of the abuses which they have 
heretofore practiced greatly to their own 
financial advantage. The remainder of 
the tribes are not only willing that their 
surplus lands shall be leased but are 
anxious that such action shall be taken. 

It is worthy of note that the " Associa- 
tion of Returned Students," the most 
intelligent and progressive element of this 
tribe, are heartily in favor of leasing 
these lands. 

Again, throughout the article, the coun- 
cil proceedings giving the tribal consent 
to the leasing are spoken of as an " agree- 
ment," it being broadly intimated that it 
was an agreement between this Depart- 
ment and the Indians. It is then pointed 
out that the terms of the leases as drawn 
do not agree with the tribal consent, in- 
tending to convey the impression that the 
Department had entered into an agree- 
ment with the Indians relative to leasing 



their lands and had then broken faith 
with them. 

Nothing could be further from the 
truth. The council proceedings are in 
no sense an agreement — unless it be an 
agreement among the Indians themselves, 
to which this Department is in no degree 
a party. The law provides that surplus 
tribal lands " may be leased by authority 
of the council speaking for such Indians 
... in such quantities and upon such 
terms and conditions as the Agent in 
charge of such reservation may recom- 
mend." The law, therefore, does not con- 
template that " the council speaking for 
such Indians " shall do more than give its 
consent to the leasing; the quantity of 
land to be leased, and the terms and con- 
ditions, are to be left to the Agent in 
charge, subject, of course, to the direc- 
tions of the Department. « 

It is pointed out that the council pro- 
ceedings authorized leasing at not less 
than one dollar per head, while the adver- 
tisements invited bids for the grazing 
privileges by the acre. Even if it should 
be admitted, for the sake of argument, 
that the Indians might dictate the condi- 
tions upon which the lands might be 
leased, this discrepancy, if such it can be 
called, is more apparent than real when 
all the facts are known. The leases pro- 
vide that the lessees shall not hold to 
exceed an average of one head of stock 
to each forty acres ; this at the rate per 
acre specified makes his grazing privi- 
leges cost him a little more than one 
dollar and twenty cents per head. It 
serves the double purpose of preventing 
overstocking the ranges, and at the same 
time determines what it shall cost the 
lessee to graze each head of stock. 

It is also alleged that the Indians gave 
their consent to the leasing of the " un- 
occupied" portion of the reservation, 
while one of the leases includes some of 
the best and most thickly settled parts of 
the reservation, where the Indians have 
their homes, their little gardens, their 
winter-hay fields, and their cattle. 

This on its face seems to be a serious 
charge. In the first place, it was not pro- 
posed to lease the eastern portion of the 
reservation, containing over one-half its 
entire area. Nearly nine-tenths of all the 
Indians reside upon this portion, east of the 
line of the grazing districts. The Walker 



954 



The Outlook 



[19 April 



lease exempts and excludes one township 
of land in the neighborhood of Bull Head 
Station, which includes the only thickly 
settled part of the reservation in the leased 
portion. A very conservative estimate 
places the number included in the leased 
district at not more than seventy families. 
An inspector of this Department, who was 
Agent at Standing Rock from 1881 to 
1895, and who has frequently visited the 
reservation since, states that in his judg- 
ment not more than fifty families reside 
upon the portion it is proposed to lease ; 
but, making allowance for misinformation 
and for changed conditions since he left, 
there are assuredly not more than seventy 
families. Again, the lease form in use by 
this Department makes ample provision 
for protecting each and every Indian in his 
individual holdings, whether the same be 
farms, gardens, or allotments. The clause 
referred to provides that all allotments 
ol land in severalty and all farms, gardens, 
and other improved holdings of individual 
Indians shall at all times be free from 
damage or interference by the stock or 
employees of the lessee. The office has 
always found this clause to afford ample 
protection to the individual Indians, even 
on reservations where there are actual 
allotments and where farming operations 
are extensively carried on. It has proven 
effective largely from the fact that all 
lessees of tribal lands are required 
to give bond, with two or more good and 
sufficient sureties, in an amount equal to 
one year's annual rental, conditioned upon 
the faithful performance of the terms of the 
lease. It thus transpires that the families 
living in the leased area will have ample pro- 
tection against the stock and employees of 
the lessees — even far more so than they 
had prior to the inauguration of the leasing 
system, for it must be remembered that 
for the past several years many thousands 
of cattle have been grazed upon the reser- 
vation, whose owners were not under bond 
and were responsible to no one for any 
damage or injury their stock might occa- 
sion. The leasiijg system is intended 
and will remedy these existing evils. The 
out boundaries of the grazing districts 
will be fenced so as to prevent trespass- 
ing; the lessees are required to protect 
the individual holdings of the Indians; 
they are required to give good and suffi- 
cient bond conditioned upon the payment 



of the rents and the faithful performance 
of all the terms of the lease ; they cannot 
overstock the ranges, as they are limited 
as to the number of cattle they can bring 
upon the lands at any one time. In short, 
it is the substitution of a legal system 
under the control of the Department for a 
system of internal monopoly and external 
freebooting. Aside from this, and to 
obviate every possible objection, arrange- 
ments have been made to furnish the 
individual Indians living within the leased 
area with wire for fencing their homes 
and hay-fields when they so desire, and 
when it appears that any Indian is unable 
for good reason to build the fences him- 
self, the Department proposes to have the 
work done for him. 

My motives are also impugned in the 
short time given to the advertisements 
inviting proposals. From the article it 
would be inferred that it is obligatory upon 
the office to give notice a long time prior to 
the acceptance of bids. As a matter of 
fact, no notice whatever is required. It 
was competent for the office to solicit and 
accept informal bids if it felt so disposed, 
without giving any public notice. Such 
action has been taken in a number of 
cases, but in the interest of the Indians, 
and to silence criticism, public notices of 
the letting were published in four leading 
stock journals, the first publication being 
made seventeen days before the day of the 
letting. Not only this, two hundred and 
fifty posters soliciting proposals were sent 
to all the leading stockmen whose addresses 
were known to the office. The sufficiency 
of the advertisement is attested by the 
number of separate bids received, which 
was six. In but very few instances have 
more than six bids been received upon 
any one body of land in the ten years' 
experience of the office in soliciting bids 
by public advertisements. In hundreds 
of cases there has been but a single bid 
upon a given grazing district, which the 
office was forced to accept or readvertise. 
Any advertisement, therefore, which re- 
sults in securing six competitive bids is 
amply sufficient. This, taken in connec- 
tion with the fact that it was not impera- 
tive upon this office to make any adver- 
tisement whatever, should silence criticism 
on this point 

As to the so-called pool referred to in 
the article, in which it is alleged I was 



1902] 



The Standing Rock Indian Case 



955 



interested, I will state that the two high- 
est bids upon this land were coupled with 
conditions wholly inconsistent with the 
terms of the advertisement soliciting pro- 
posals. Neither could have been accepted 
even if there had been no other bids. 
The next highest bids — those of Lemmon 
and Walker— were a "tie." Both had 
complied with all the provisions of the 
advertisement and had deposited checks 
for at least five per centum of the entire 
amount of the bid. One had no advantage 
over the other before the office. Under 
such circumstances it would have been 
difficult or embarrassing to have decided 
between them. Both were present in per- 
son at the time of the opening of bids, and 
decision could only have been made be- 
tween them by lottery or chance. They 
obviated this difficulty themselves by mu- 
tually agreeing to a division of the tract, 

Mr. Lemmon to take the western and 

northwestern portion of the reservation 
and Mr. Walker the central and southern 

portion. This was entirely satisfactory to 

the office, especially as it would result in 

giving the Indians fifty-four miles of addi- 
tional fence. In no other sense and in no 

other way, so far as known to this office, 

was there an agreement or understanding 

between the bidders or local stockmen. 
It is not necessary for me to make any 

reply to that portion of the article relative 

to the decisions of the courts as to the 

nature or extent of the vested rights of 

Indians in and to their reservation lands. 

Personally, I have experienced no " change 

of heart " upon the subject I have al- 
ways contended that the consent of the 

Indians was necessary in order to legally 

lease their lands and as to its final dispo- 
sition. I have not experienced a change 

of heart on this subject, but I insist that 

the consent of the Standing Rock Indians 

was legally and properly secured in this 

case, and is now on file in the office. 
In answer to the claim of the author of 

the article that the United States has 

taken 9,000,000 acres of land from the 

Sioux, and has given them in return a 

gold brick, m^de by thinly gilding a metal 

called " zinc deceit," a brief statement of 

what the Sioux tribe has received under 

their treaties may not be inappropriate. 
Under the treaties of 1868 and 1877, 

the Government has expended for the 

{For a statement from Mr. Kennan see the following pa^e^ 



benefit of this tribe over $38,000,000— a 
sum equal to $70 annually for every man, 
woman, and child. Again, under the 
treaty of 1889, they received as an advance 
payment on their ceded lands $3,000,000, 
which has been drawing interest in the 
Treasury at the rate of five per cent per 
annum ; the interest on this payment is 
spent annually for their benefit, and alone 
amounts to date to $1,800,000. 

In addition to this vast sum of money, 
they have received 25,000 head of cattle, 
which have been issued to them per cap- 
ita, and the Government issues to each 
allottee, when he accepts his allotment, 
two cows, two mares, one set of harness, 
one plow, one wagon, one harrow, one hoe, 
one ox, one pitchfork, and $50 in money. 
The total value of the deliveries so far 
made amounts to $1,149,022 ; it is esti- 
mated that it will take at least $1,500,000 
more to fulfill this part of the treaty stip- 
ulation. So that it will be seen that the 
Sioux nation has received from the Gov- 
ernment for their benefit the enormous 
sum of $48,000,000^ besides* retaining 
in their several reservations [ ? ] acres 
of land. From the foregoing it will 
be seen that the "gold brick" did not 
contain much "zinc deceit," but rather 
that they received a veritable gold-mine, 
that has been worked assiduously in their 
interest for many years; and I submit 
that it is high time that they consent to 
the use, for their own benefit, of some of 
the unoccupied millions of acres of graz- 
ing land in the remote parts of their res- 
ervation, and so relieve the Government 
of some of this heavy annual burden. 

The gratuitous and slanderous insinu- 
ation contained in the article that my 
action was prompted in the matter by 
sinister and interested motives, I will not 
dignify with a denial. 

In conclusion, I will state that the 
action taken by the office was the result 
of a conference with my superior officers, 
and meets with their entire approvaL ^ 

In justice and fairness to myself, it is 
hoped that you will give this reply in its 
entirety the same publicity that you did 
the article to which it refers. 

Very respectfully, 
W. A. Jones, Commissioner. 

Department of the Interior, Office of Indian Affairs, 
Washington, April 12, 1902. 



11. A New Statement from Mr. Kennan 



In the letter to The Outlook which fol- 
lows, Senator Piatt, of Connecticut, says : 

To the Editors of The Outlook : 

Some one has sent me The Outlook for 
March 29, with a marked article by Mr. Ken- 
nan on leases at the Standing Rock Reserva- 
tion. I regret to say that I do not remember 
to have ever seen within the same space so 
much of statement and insinuation calculated 
to give an entirely erroneous impression as to 
the facts as in that article. Surely you cannot 
suppose that the Secretary of the Interior, 
and the Indian Commissioner, and Committees 
of Congress are either corrupdy or stupidly 
trying to despoil the Indians of their rights. 

Very truly yours, 

O. H. Platt. 

Senate of the United States, April 3, 1902. 

Every man has a right, of course, to 
express an opinion with regard to another 
man's work ; and if Senator Platt thinks 
that my article was untrustworthy and 
misleading, he is perfectly at liberty to say 
so. His opinion, however, would perhaps 
carry more weight if it were based upon — 
or at least accompanied by — ciutions 
and specific references. Does the article 
contain misstatements in matters of fact? 
If so, what are they ? Are the conclusions 
drawn from the facts erroneous ? If so, 
in what respect? 

It ought not to be difficult to come to 
dose grips in a controversy that relates 
almost wholly to matters of official record; 
and if Senator Platt will be good enough 
to point out to me the statements that he 
regards as erroneous and misleading, I 
will either furnish evidence to support 
them, or admit frankly that I have been 
mistaken. 

Senator Platt seems to think Aat my 
article was made up largely of " insinua- 
tions." That certainly surprises me, 
because I had the idea that I was stating 
facts, and drawing conclusions from such 
facts, in the clearest, most direct manner 
possible. In order, however, that there 
may be no further misconception in this 
respect, I will now say, as plainly and 
distinctly as I possibly can, that — 

1. The Indians of the Standing Rock 
Agency, so long as they were permitted to 
act without coercion, refused absolutely 
to open their reservation to foreign cattle. 
They were opposed to the leasing system 

956 



in the banning, and they are opposed to 
it now ; for reasons set forth in the speech 
of their leader John Grass, at the council 
of May 3, 1901, and in the decision of the 
council on the proposition submitted, at 
that time, by the agent of the Chicago, 
Milwaukee, and St. Paul Railway Co. 
(Senate Document No. 212, S7th Con- 
gress, 1st Session, pp. 90 and 92.) 

2. In October last they were fright- 
ened — and virtually forced — into an agree- 
ment to lease their " unoccupied lands " 
to foreign cattlemen, by an order from 
the Indian Office threatening them with 
the " permit system ;" that is, the turning 
in of foreign cattle without their consent, 
and without limitation as to range. (Sen. 
Doc. No. 212, p. 61.) This order, if I 
am correctly informed, was without war- 
rant or sanction of law, and was an arbi- 
trary invasion of the Indians' rights. The 
Sioux treaty of 1868 expressly "stipulates 
and agrees that no white person or per- 
sons shall be permitted to settle upon or 
occupy any portion of the reservation, or, 
without the consent of the Indians first 
had and obtained, to pass through the 
same." (Treaty with the Sioux, concluded 
April 29, 1868, and ratified February 16, 
1869; U. S. Statutes at Large, Vol. IS.) 

3. When Indian Commissioner Jones 
was asked, at the hearing before the Sen- 
ate Committee on Indian Affairs January 
23, 1902, "Did you write a letter to 
somebody out there, saying that the per- 
mit system would be inaugurated?" he 
replied, " No, sir ; nor did anybody else." 
(Sen. Doc. 212, p. 60.) A letter from 
the Commissioner to Agent Bingen- 
heimer ordering the inauguration of the 
permit system was then produced and 
read. (Sen. Doc. No. 212, p. 61.) If I 
had been in Senator Piatt's place, as a 
member of the Committee, I should have 
asked Commissioner Jones for an explana- 
tion. 

4. The agreement into which the 
Indians were forced by this threat of the 
permit system provided for the lease of 
" unoccupied lands " only ; and it was 
expressly stipulated that the eastern 
boundary of the tract to be leased should 
be fixed and staked out by a joint com- 



1902 



The Standing Rock Indian Case 



957 



mission composed of Agent Bi. genheimer 
and three representative Indians. This 
was to enable the Indians to protect their 
own homes and stock ranges from the 
cattle of the lessees by drawing a line of 
demarcation around the occupied part of 
the reservation. They agreed (under 
compulsion) to surrender a certain tract 
of land ; but they stipulated that they 
should have the right to stake out its 
boundary. (Sen. Doc. No. 212, pp. 89 and 
90.) When Agent Bingenheimer reduced 
the agreement to writing, he omitted this 
important stipulation, but let the Indians 
suppose that he had put it in. He thus 
obtained their signatures to a document 
which did not represent their wishes or 
their understanding of the case, and a 
document, moreover, which they would 
not have signed if they had known its 
real purport. Upon this feature of the 
case. Rev. T. L. Riggs (who has just 
made a careful investigation on the 
ground) comments as follows : 

" The Indians accepted this " (the leas- 
ing proposition) "subject to two condi- 
tions : that is, that this tract be located 
on unoccupied lands, so as to not conflict 
with the rights of Indians, and that this 
tract be first definitely marked out by a 
committee of three Indians, chosen by 
themselves and the Agent. These two 
conditions were an essential part of the 
agreement, and separate from them there 
was no agreement made. On this ques- 
tion there is absolutely no variation in 
testimony given. It would appear, how- 
everj that in the written form submttted 
for the Indians to sign, these essential 
conditions were left out ; and whereas the 
Indians supposed this to be the identical 
agreement they had made in council, it 
covered only the bare fact of their con- 
sent to the leasing of lands." (Report of 
Rev. T. L. Riggs, dated March 17, 1902.) 
Agent Bingenheimer admitted, before the 
Senate Committee, that he did agree 
to the stipulation with regard to the 
fixing and staking out of the boundary, 
and that he had not carried it into 
effect. (Sen. Doc. No. 2 1 2, pp. 86 and 90). 
If I had been a member of the Commit- 
tee, I should have asked Mr. Bingenhei- 
mer whether he regarded is as fair or 
honest to take advantage of the Indians' 
illiteracy by suppressing in the written 
agreement a provision to which he had 



verbally assented. In Eastern communi- 
ties such practices are called frauds. 

5. As soon as this agreement to lease 
^^ unoccupied'' lands had been obtained, 
the Indian Office advertised for bids from 
cattlemen for the grazing privilege on 
more than two-thirds of the whole reser- 
vation ; including tens of thousands of 
acres of land that the Indians were actu- 
ally occupying. (Sen. Doc. No. 212, 
pp. 17 and 23.) This was in flagrant 
violation of the agreement, and if it was 
not an attempt, on the part of somebody, 
to " despoil the Indians of their rights," 
actions have no significance and words 
have no meaning. 

6. The agreement with the Indians 
stipulated that the lessees should pay a 
certain price per head for the number of 
cattle pastured on the leased territory. 
The Indian Office paid no attention, ap- 
parently, to this stipulation, but leased 
the lands for three cents an acre, irre- 
spective of the number of cattle. This 
would not be regarded as fair dealing 
among white men. 

7. On the face of the facts, as they 
appear in the testimony before the Senate 
Committee, the Indian Office, or its Agent, 
first forced the Indians into an agreement 
to lease, by illegally threatening them 
with the permit system ; then disregarded 
the most important stipulation of the 
agreement thus obtained ; and finally 
violated the express terms of the agree- 
ment by changing the method and rate 
of payment, and by leasing lands that the 
Indians were actually occupying. If 
Senator Platt were in the place of " Thun- 
der Hawk," and lived, by means of cattle- 
breeding, on the Standing Rock Reserva- 
tion, I don't think he would regard this 
as a "square deal." That he himself 
would be incapable of "despoiling the 
Indians of their rights " goes without say- 
ing ; but that Indians have been " despoiled 
of their rights," by Indian Agents and 
others, in all parts of the West, is a fact 
well known to all students of Indian 
affairs. 

In a letter to the President of the 
Senate, written January 13. 1900, Secre- 
tary Hitchcock himself admitted that the 
Indian Agent at Fort Sill, on the Kiowa 
Reservation, apparently resorted to "will- 
ful misrepresentation and false transla- 
tions," in order to get the Indians' signa- 



958 



The Outlook 



tures to an agreement in which he was 
interested, and that even " the Depart- 
ment was misled " as to the number of 
Indians who signed it. " In view/' he 
says, " of the apparently improper prac- 
tices in procuring the agreement, and 
false certification as to the signers thereof, 
I am of opinion that it should not be 
ratified." (Sen. Doc. No. 76 ; 56th Cong. 

1st Sess., p. 2.) 

In spite of this report from the Secre- 
tary, the fraudulent agreement was rati- 
fiied by Act of Congress of June 6, 1900; 
and if the Supreme Court does not in- 
tervene, the deceived Indians will shortly 
be evicted from their lands. (Appellants' 
Brief in case of Lone Wolf et al. vs. 
E. A. Hitchcock, Secretary of the Inte- 
rior, p. 6.) 

If this sort of thing could happen on 
the Kiowa Reservation in 1900, it might 
also happen on the Standing Rock Res- 
ervation in 1902. I have not looked up 
the vote in the Senate on this fraudulent 
Kiowa agreement, and I don't know 
whether Senator Piatt was in favor of rati- 
fying it or not ; but many Senators did 
vote for ratification, and I have no doubt 
that every one of them would indignantly 
resent any suggestion or "insinuation" 
that the Indians were " despoiled of their 
rights." In any case, the Indian Office 
was not " stupid or corrupt ;" the Secre- 
tary of the Interior was not stupid or cor- 
rupt ; and the Senate was not stupid or 
corrupt ; but the unfortunate Indians lost 
their lands, all the same. 

The whole question of Indian rights 
and Indian treaties was thoroughly con- 
sidered by the United States Supreme 
Court in the case of Worcester vs. the 
State of Georgia. (6 Peters, 581.) Its 



opinion in that case was, in part, as 

follows : 

"The language used in treaties with 
the Indians should never be construed to 
their prejudice. If words be made use 
of which are susceptible of a more ex- 
tended meaning than their plain import, 
as connected with the tenor of the treaty, 
they should be considered as used only in 
the latter sense. . . . How the words of 
the treaty were understood by this unlet- 
tered people, rather than their critical 
meaning, should form the rule of con- 
struction. ... We have made treaties 
with them ; and are those treaties to be 
disregarded on our part because they 
were entered into with an uncivilized 
people ? Does this lessen the obligation 
of such treaties ? By entering into them 
have we not admitted the power of this 
people to bind themselves and to impose 
obligations on us? . . . Nations differ 
from each other in condition, and that of 
the same nation may change by the revo- 
lutions of time ; but the principles of jus- 
tice are the same. They rest upon a 
base which will remain beyond the endur- 
ance of time." 

In view of Senator Piatt's remarks m 
Committee upon the impending necessity 
for " disregarding the letter of the treaties 
that we have made, giving such rights as 
we have given to the Indians," I venture 
respectfully to call his attention to the 
words above quoted; and if such old- 
fashioned notions of justice and honor 
have not become antiquated and obsolete, 
it might be well, perhaps, to inscribe them 
on the wall of the Indian Office, directly 
in front of the Commissioner's desk. 

George Kennan. 



Washington, D. C, 
April 9, 1902. 



i' 









1902] 



Anne : A Story ®f Old Salem 



89 



(V 



\ 



at Port Royal. So that, whenever and 
wherever he thrust out at carriage door his 
gold-headed malacca and white-stockinged, 
gouty leg, while the postilion stood at the 
crested panel profoundly congeeing, some- 
thing of his bars of gold and the military 
glory he had won still descended from the 
chariot with him. 

Sir William Phips was angry on the 
evening of the second of August when he 
broke the seal of my packet and came on 
the following letter : 

Salem, July 30, 1692. 
My dear Sir William : 

I despatch these few scrabbled lines by my 
son to say, that I doubt not but that matters 
in your absence go beyond what your Excel- 
lency would approve. Within the fortnight 
after your departure, Bridget Bishop was put 
to death for the nefandous crime, protesting 
to the very last her innocence ; and since that 
time several. In some cases we see through 
a glass darkly, and cannot surely say if they 
were guilty or no. But in the case of a 
woman this day sentenced, meseems there 
exists no reasonable ground for doubt. This 
woman hath ever had the good report of all 
who know her, as the enclosed signed and 
sworn depositions testify. 'Tis inconceivable 
to me how she should have fallen under the 
accusation of doing the things forbidden, save 
the Archenemy put it into the hearts of some 
to say all manner of evil against her falsely. 
By this circumstance it will be seen to what 
an excess matters are at present carried, that 
even my Lady Phips herself is cried out upon 
for a witch by several witnesses who have 
appeared before us sitting in the court at 
Salem. I doubt not that in view of these 
things your Excellency will see fit to shew 
mercy unto the unhappy guiltless woman who 
now lies in jail awaiting the day of her execu- 
tion. The time set is noon of the sixth of 
August; and so it will be seen that in case 
your excellency should see fit to interpose, 
there is need of the utmost expedition, that 
the pardon may not arrive too late. 

I will say no more than to subscribe myself, 
Your Excellency's most humble and 
obedient servant, 

Timothy Trevelyan. 

To Sir William Phips, Esq., Governor of 
thi Province of Massachusetts Bay. 

Sir William brought his clenched fist 
down on the little pine table so that the 
candles jottered; and a glittering handful 
of the artisans' pay that lay on the table 
hopped jingling to the bearskin tent-rug. 
Only his blush-faced stripling of an orderly 
and myself were by. 

" By the Lord V he cried, " I'd ought 
to ha' known Stoughton would— My 
Lady Phips, is it ? Ha 1 we'll see if she 
be a witch or no I— By the King's 



beard I TU v;nte a pardon this minute 
with my own hand, that there riiay be no 
mistaking — You can start with it at 
daylight — The inkhorn, sirrah 1 — So; 
he thinks to play the little Nero, does 
he, while I'm gone? I care not if I am 
out of the colony-limits. Tell him, wher- 
ever I go, I carry the King of England 
with me — And when I get back I'll 
make him feel it! — He shall find out 
if Sir William Phips be governor or 
nol — Give mel — The quill's bad, 
sirrah; can't you see? Another! — 
Steady the leg of the table, there— this 
hand trembles so — my Lady Phips a witch, 
ha I — Stoughton, you — I've broke m} 
nib; fetch me another — 'their Majes 
ties' — 'defenders of the faith' — 'by th» 
authority in me vested ' — ' wholly acquit, ab 
solve, and pardon ' — ' witness hereunto m], 
hand and seal, William Phips, Governor '— 
and by heavens, that's what I am 1 — So 1 
to-morrow at earliest daylight, sir, you'll 
take this, and ride hell-bent with it, and 
spit it in the face of William Stoughton 
there at Salem ; and tell him if he allow 
one word more to be breathed against my 
Lady Phips, when I get back again I'll 
carve him up in little pieces so fine the 
geese on Boston Common can't find 
'em — You'll be needing a fresh horse 
to-morrow; I'll give orders— What, 
that little spindle-shanked filly ? All this 
way in three days, and take you back in 
three more? Impossible! — Not to-night 1 
not to-night ! Are you stark mad, man ? — 
It's pitch dark ; and the Indians ! — You 
infernal fool !" 

For I was out of the tent and mounting 
the little brown mare. 

On the third morning from that time, 
the little brown mare, a useless cripple, 
was turned out to pasture for the remain- 
der of her days; and they bore me, 
though sick of a fever, to the town-house 
in my mother's sedan-chair, with the writ 
of pardon clenched in my hot hands: 
because I had a furious notion it should 
not be surrendered to any but William 
Stoughton in his own person. He sent a 
messenger out of court to fetch it, but I 
would let no proxy have the precious doc- 
ument; and finally the great man must 
come himself to the flowered crimson cur- 
tains of my chair. And from his face of 
belluine rage as, finished with reading, he 



90 



The Outlook 



[3 May 



cried, "We were in a fair way to have 
cleared the land of these l" it was eight 
delirious days, I have been told, to the next 
face that I remember. And when at the 
.end of those eight days I saw that face, 



for a moment I thought I was come 
among the angels ; but no 1 for there are 
no tears in Heaven. It was the face of 
Anne, weeping by the bed I had slept in 
since a child. 



Have the Standing Rock Indians been 

Fairly Treated? 

A Reply to Commissioner Jones's Letter' 

By George Kennan 



I HAVE read attentively the reply 
of the Indian Commissioner to my 
recently published article. I shall 
refrain from expressing any opinion with 
regard to its merits as a defense, because 
1 do not wish to be discourteous ; but I 
will take up, in their order, the points 
that Mr. Jones attempts to make, and 
briefly consider them. 

1. He defends his illegal "permit- 
system order" of October 9, 1901, by 
saying that the reservation was overrun 
by trespassing cattle, and that it was 
better, in the interest of the Indians, to 
collect a dollar a head from the owners 
of such cattle, under the permit system, 
than to let the *^ freebooters'' get their 
pasturage for nothing. I am not pre- 
pared to admit that illegal action on the 
part of the trespassers justified the De- 
partment in condoning and sanctioning 
the illegality by accepting payment from 
the wrong-doers ; but it is not necessary 
to go into the merits of that question, 
inasmuch as there is very great doubt as 
to the existence of the alleged evil. The 
Indians themselves have never complained 
of " freebooters ;" I have not been able 
to find a single reference to trespassing 
cattle in the reports of the Standing Rock 
agents to the Indian Office ; trustworthy 
persons who have just come from the 
reservation assure me that there are very 
few, if any, trespassing cattle within its 
limits. Agent Bingenheimer said, less 
than a year ago, " You can ride across 
the country for days and never see a 
critter" (Sen. Doc. 212, p. 91); and Mr. 
Jones himself declared, on the 23d of 



« The letter of Commissioner Jones to which this article 
is a reply appeared in The Outlook 4?fed Apnl 29 
Mr KeKnan's Srst article was printed m 1 he Outlook of 
March 29 last. 



last January, before the Senate Committee, 
that "there is a lot of idle land there 
which is used neither by the Indians nor 
by anybody else'' (Sen. Doc. 215, p. 67). 
I find complaints of trespassing cattle in 
the reports of agents on other Sioux 
reservations — particularly Cheyenne River 
and Rosebud— but not one from Standing 
Rock. If the cattle were there, why did 
not the Indian Office have them removed ? 
Removal, apparently, would not have been 
difficult. Agent McChesney reports to 
the Commissioner that his farmers, with 
the aid of a few Indian police, removed 
8,000 trespassing cattle from the Rose- 
bud Reservation in 1899. (Rep. of the 
Indian Commissioner for 1899, p. 341.) 
There are nearly 4,000 Indians on the 
Standing Rock Reservation, and they own 
1 0,000 horses. Is it conceivable that they 
could not have driven off the trespassing 
cattle if there were any there ? And is it 
probable that they would have submitted 
to such a trespass without protest if it had 
any real existence ? 

The Commissioner assured the Senate 
Committee that there have been for years, 
and are now, more trespassing cattle on 
the Standing Rock Reservation than it is 
proposed to put on under the leases. 
(Sen. Doc. 212, p. 18.) As Lemmon and 
Walker, under the terms of the leases, 
are to have a right to put one head of 
stock on every forty acres, or 30,000 head 
on the 1,200,000 acres of leased territory 
(Sen. Doc. 212, p. 46), the Commissioner's 
statement to the Senate Committee is equiv- 
alent to an assertion that there are more 
than 30,000 trespassing cattle on the reser- 
vation now. How does he propose to 
reconcile this assertion with his other state- 
ment that *' there is a lot of land there 



1902] 



The Standing Rock Indians 



91 



which is used neither by the Indians nor 
by anybody else," and with Agent Bingen- 
heimer's assertion that " you can ride 
across the country for days and never see 
a critter " ? 

As a matter of fact, the Standing Rock 
Reservation is not overrun by trespassing 
cattle now, and it never has been. This 
defense of the illegal " permit-system 
order," therefore, is a breastwork of straw. 

2. In a letter from New York to Assist- 
ant Commissioner Tonner, written on the 
iSth of May, 1901, Mr. Jones expressly 
said that he could not inaugurate the 
permit system without the Indians' con- 
sent, and directed the Assistant Commis 
sioner to ascertain from Agent Bingen- 
heimer, by telegraph, whether the Indians 
had not ** experienced a change of heart " 
in the matter. If they had — that is, if 
they would consent — he " would issue 
permits at once " (Sen. Doc. 212, p. 63). 
He now says, in reply to my article, that 
the Indian Office " did not contemplate 
securing the consent of the tribe " for 
the inauguration of the permit system, 
** neither did it require such action." In 
May last he said he must have the In- 
dians' consent, and now he says that he 
didn't need it and had no idea of asking 
for it. Which statement is true ? It is 
hardly possible that both can be true. 

But there is another point of that per- 
Diit-system order upon which Mr. Jones 
contradicts himself. The last sentence 
of the order reads as follows : " Due care 
should be taken by you " (Agent Bingen- 
heimer) " not to admit such number of out- 
side stock as to overgraze the lands." If 
this means anything, it certainly means 
that the Commissioner expected the order 
to result in the bringing in of " outside 
stock." He now says, however, in reply 
to my article, that " there was no proposi- 
tion nor intention to invite cattlemen to 
bring in additional numbers of cattle for 
grazing purposes ; it " (the order) " sim- 
ply provided that a tax of $1 per head 
should be paid for grazing " (trespassing) 
" stock already on the reservation." The 
order says outside cattle are to be brought 
in ; but his reply declares that there was 
no intention to bring outside cattle in. 
Which of these statements is true ? 

If there were no trespassing cattle on 
the reservation, the permit-system order 
-which frightened and coerced the Indians 



into an agreement to lease cannot be jus- 
tified or excused on that ground. If there 
was no consent on the part of the Indians, 
it was in violation of a treaty obligation. 

The only other defense set up by the 
Commissioner is that "the end sought 
justifies the means." Morally and legally, 
that is a very shaky proposition in any 
circumstances, and it is far from consti- 
tuting a good defense when the " end 
sought " was the acquirement, in the in- 
terest of a cattle syndicate, of lands that 
the Indians had refused to give up, and 
the " means " were a broken promise and 
a violation of a guaranteed right. The 
testimony given before the Senate Com- 
mittee shows conclusively that the consent 
of the Indians to lease their lands was 
obtained from them by means of the coer- 
cive influence of this illegal permit-system 
order. They consented to lease, not be- 
cause they wanted to do so, nor because 
they were willing to do so ; but because 
they were, as they said, " under pressure," 
and could escape the permit system in 
no other way. Metaphorically speaking, 
their consent was obtained with a club. 
(Sen. Doc. 212, pp. 51-53.) 

3. The next point of the Commission- 
er's reply raises the following question : 
When the Indians gave a qualified con- 
sent to lease — that is, a consent to which 
certain stipulations and conditions were 
attached — had the Department discretion- 
ary power to ignore all the conditions and 
still hold the Indians to the consent? 

The Commissioner says that '* the coun- 
cil procecvdings " (the conditions of the 
consent) " were in no sense an agreement, 
unless it be an agreement among the 
Indians themselves, to which the Depart- 
ment is in no sense a party." As a legal 
proposition, and in a very strict sense, 
that maybe true ; but in the circumstances 
of this case it amounts to an assertion 
that the Indians have no right or power 
to attach any stipulation whatever to their 
consent to lease lands. They may not 
say that they will lease only unoccupied 
lands ; nor that they will lease only one- 
third of their reservation ; nor that they 
will lease only a certain specified town- 
ship. If they once consent to lease a 
single acre as pasturage for one small 
foreign calf, the Department, in its discre- 
tion, may take away from them a whole 
million acres, throw that million-acre 



92 



The Outlook 



[3 Ma^r 



tract open to foreign cattlemen, and then 
say to them (the dissatisfied Indians), 
** Your council proceedings, by which you 
attempted to limit the amount of land you 
would lease, have no binding force as 
against the Department. It is true that 
we can't take a single acre of your reser- 
vation without the * authority of your 
council speaking for you ' " (Act of Con- 
gress of February 28, 1891), ** but if you 
once consent to lease that single acre, we 
can throw open to cattlemen as much of 
your territory as we think best — occupied 
or unoccupied — and upon such terms as 

we choose.'* 

That may be good law, but it strikes 
me as a very dubious proposition from an 
ethical point of view. The Act of Con- 
gress which authorizes the leasing of 
Indian lands reads as follows : 

"Where lands are occupied by Indians 
w^ho have bought and paid for the same, 
and which lands are not needed for farm- 
ing or agricultural purposes, and are not 
desired for individual allotments, the 
same may be leaSed by authority of the 
council speaking for such Indians, for a 
period not to exceed five years for grazing 
or ten years for mining purposes, in such 
quantities and upon such terms and con- 
ditions as the agent in charge of such 
reservation may recommend, subject to 
the approval of the Secretary of the In- 
terior.'' (Act of Congress of February 28, 

1891.) 

I do not know whether this law has 
ever been judicially construed or not; but 
its intent would seem to be to give the 
Department a certain supervisory control 
over the decisions of the Indian councils 
in the matter of land, with a view to re- 
straining such councils when they show 
a disposition to lease their lands injudi- 
ciously, in too large quantities, or at a 
foolishly low price. Its object was to 
protect an inexperienced and naturally 
improvident people from exploitation by 
the whites. Congress, apparently, in- 
tended to say : " You may lease, for your 
own benefit, such parts of your lands as 
you do not need ; but you must act in such 
matters through your council, and its 
decisions, as to the quantity of land to be 
leased and the terms of payment therefor, 
are subject to Departmental supervision 
and control." It seems to me extremely 
improbable that Congress intended to give 



the Interior Department power to lease 
two million acres of land that the Indians- 
had "bought and paid for," when the 
council had agreed to lease only one-third 
of that amount, and to turn cattlemen 
and their cattle into the occupied parts of 
the reservation when the council had con- 
sented to lease only the unoccupied parts. 
4. But there is another aspect of the 
case that sliould have attention in connec- 
tion with the Commissioner's plea that the 
conditions of the Indians have no binding 
force on the Department. After being 
frightened by the threat of the permit 
system, the Indians were finally induced 
to consent to a lease by certain promises 
and representations made to them by the 
Department's agent. Mr. Bingenheimer 
admitted, before the Senate Committee, 
that the Indians agreed to lease only their 
unoccupied lands ; that he " did not pro- 
pose to lease anything they wanted to 
use;" that he distinctly promised them 
that the unoccupied land should be deter- 
mined and its boundary fixed and staked 
out by a commission to be composed of 
three representative Indian chiefs and 
himself ; and that this promise or agree- 
ment had not been fulfilled. (Sen. Doc. 
212, pp. 84, 85, 89, and 90.) If Mr. 
Bingenheimer did not report these prom- 
ises and representations to the Indian 
Office, and did not inform the Commis- 
sioner that the Indians were relying on 
them, he dealt unfairly not only with the 
Indians but with the Department whose 
agent he was. If, on the other hand, he 
did report them, and they were found 
objectionable, the Department should have 
disavowed them and given the Indians a 
chance to recall their consent. It may 
have been legal, but it certainly was not 
fair, to hold the Indians to their consent 
and at the same time repudiate the Bin- 
genheimer promises by means of which 
that consent was obtained. This was 
evidently the view of Senator Jones (of 
Arkansas), who said before the Senate 
Committee : " The law requires that the 
consent of these Indians shall be had 
with regard to whatever shall be done 
with this land ; and the statement was 
made by the Agent that the Indians, in 
their council, provided that a committee 
should be appointed to designate what 
were the unoccupied lands; and there can 
nothing else be done under the law in 



1902] 



The Standing Rock Indians 



93 



regard to this agreement. . . ." The 
committee was to point out to the Agent 
what was unoccupied land. " When you 
go out " (addressing Commissioner Jones), 
" you point out a lot of land they have 7iot 
designated, and you say if there are some 
who do not want to stay in it, they may 
fence off their land." (Sen. Doc. 212, 
pp. 89 and 87.) 

This was evidently the view also of 
Senator Stewart, the Chairman of the 
Senate Committee, who said: "The 
Indians were to lease unoccupied lands, 
and it was their understanding that there 
>yas to be a committee of three appointed 
to designate them. That should be car- 
ried out." 

5. The question that now presents 
itself is, "Why were the promises made 
by Agent Bingenheimer not fulfilled, and 
why did he not go out with the Indian 
committee last fall to fix and stake out 
the boundary of the ' unoccupied land ' 
as he agreed?" The Commissioner's 
reply throws no light upon this question, 
but I can answer it, if he does not. The 
boundary-lines of the territory to be 
leased had been fixed in the Indian Of- 
fice, and the leases had been drawn and 
printed before the Indians gave any con- 
sent whatever to lease any part of their 
lands. The Commissioner felt so sure, 
apparently, that the threat of the permit 
system would bring the Indians to terms 
that he decided what part of their reser- 
vation he would give to the cattlemen, 
fixed the boundary, drew up the lease or 
leases, and then ordered Agent Bingen- 
heimer to call a council and get the 
Indians' consent to a cut-and-dried scheme. 
This, at least, is the explanation given 
by Mr. Bingenheimer himself, who now 
declares that his promises to the Indians 
were made in good faith, but that he 
could not fulfill them because the Com- 
vnissioner took the whole matter out of 
his hands. With reference to his appear- 
ance before the Senate Committee in 
Washington last February, Mr. Bingen- 
heimer now says : " I could only say what 
the Commissioner would let me say, and 
only know what he allowed me to know. 
If I had been free to speak, I could have 
told a whole lot." The fact that the 
interesting and valuable information 
which Mr. Bingenheimer evidently has 
with regard to this leasing business was 



I ;t drawn out of him by the Senate Com- 
mittee on Indian Affairs is only another 
proof that, as I said in my first article, 
the proceedings of that Committee were 
" so unsystematic, inconsecutive, and in- 
conclusive as to leave almost everything in 

doubt." 

Senator Piatt objects to my statement 
of this case. He is a man of unimpeach- 
able integrity and honesty of purpose, and 
he evidently believes that I am misled, if • 
not misleading; but if he had co-operated 
with Senator Jones, and had asked Agent 
Bingenheimer a few searching questions, 
he might have brought out the " whole 
lot " that the Agent says he could have 
told, and might thus have furthered the 
cause of justice and National honor. It 
was perfectly evident that the Indians 
were not getting " a square deal " at the 
hands of Mr. Jones, Mr. Bingenheimer, 
or both, and it was the duty of the Senate 
Committee to ascertain why. 

The reason for the failure to keep faith 
with the Indians has been given by Agent 
Bingenheimer since my first article was 
written. On the 22d of March Commis- 
sioner Jones telegraphed the Agent to 
let Mr. Lemmon proceed with the build- 
ing of his fence, on a line that would 
inclose thirty or forty Indian houses and 
a considerable part of the Indians' Grand 
River lands. As soon as the work began, 
the Indians called a council to protest 
against the fence-building, and asked Mr. 
Bingenheimer to be present and explain 
why he had not kept his agreement to go 
with them and run the line that this fence 
should follow. The council was held on 
the 12th of this month— the very date of 
Mr. Jones's reply to my article — and was 
attended by all the leading chiefs and 
most of the male Indians in the central 
part of the reservation. The proceedings 
were, in part, as follows : 



Agent Bingenheimer— I have come here, at 
your request, to hear what you have to say. 1 
am told that you do not want Lemmon to go 
on building his fence. 

Thunder Hawk— Last spring we had two 
councils. You asked us to lend our land to the 
railroad. We did not wish to lease. We 
thought we had a right to refuse. The Com- 
missioner frightened us by threatening to turn 
cattle loose upon us. Then, in the fall, you 
called a third meeting. We were helpless. 
We wanted to do the best we could to protect 
ourselves, so we agreed to lease thirty miles 
square on the northwest corner of the reser\'a- 



94 



The Outlook 



[3 May 



tion where there were no houses. This council 
chose three men— Louis Primeau, Antoine 
De Rockbrain, and myself— to go with you 
and designate the lines. You said that you 
would meet us here, at Bull Head Station, and 
that you would go with us. We waited, but 
you did not come. We thought that when 
we had laid out the lines we should have an 
open council ; that you and Lemmon would 
meet us and read the contract to us, and that 
we would then, together, come to an agree- 
ment like men. 

Agent Bingenheimer— You are right, and 1 
fully intended to do as you say. But right 
now, before all these people, let me say that 
if it had been left for me, I should have done 
just as I promised. But it was not left to you 
nor to me. Before I had submitted a report 
of that council to the Department, I was told 
that the Commissioner had made out the leases, 
and they were printed. I could do nothing. 
Those lines were run in Washington ; your 
council had nothing to do with it. I did not 
send the council proceedings fto the Commis- 
sioner] until after the leases had been made 
out and the boundaries settled. I had noth- 
ing to do with it. . . . The reason that I did 
not go out with you to lay out the lines is 
because it was taken out of my hands by the 
Commissioner. I could not keep my promise 

to you. . . ^ 

Weasel Bear— The promise was that we 
lease only unoccupied land ; that no man's 
homestead should be disturbed; that the 
leases should run so as not to interfere with 
the men who have built substantial homes. 
We do not know where the lines run, or how 
much land you have given Lemmon ; but we 
do know that at least thirty-five of the Bull 
Head families are surely in the pasture, who 
went there to settle on land that they intended 
to take as allotments. These men do not 
want to abandon their homes. We forbid 
Lemmon to build a fence that will inclose 
these homes. The delegates who went to 
Washington put our case into the hands 
of lawyers. As we now understand, there 
has been no report made to us by these law- 
yers that we have lost our case. We were 
told to await the decision of the white man s 
court. If we can wait patiently for your 
courts, why should the Commissioner, who is 
holding such a high office under the President, 
be permitted to ignore your courts, and order 
Lemmon to build the corral around our peo- 
ple while the case is pending? We forbid 
Lemmon to build the fence. 

Agent Bingenheimer— How are you going 
to live ? Your rations are now so small that 
they do not half feed you. You need every 
dollar you can get. ... I hope you under- 
stand that your rations were cut down last 
vear fifty per cent. They will be cut again 
the first of July fifty per cent. . . . You have 
not enough to eat. What are you going to 
do ? See these old people ! They will starve 
if they do not have a full ration. You cannot 
live on the rations the Government will give 
vou. You will have to work, and you can t tind 
much work to do. This Lemmon lease wi 
pay seven dollars a year per capita. It 1 tell 



the Department that you do not have enough 
to eat, they will say that you had land to spare 
and would not lease it, and so 1 shall not be 
able to do anything for vou. You ought to 
lease it to get this seven dollars a year. You 
will need it. Your rations are only half now 
what they were a year ago, and in July will 
be cut in two again. How can you live ? 

Weasel Bear— It is not money nor rations 
that we are considering. We are standing by 
our rights as men. This is our land, and we 
are the ones to decide what part we shall 
lease, or whether we shall lease anything. 

Agent Bingenheimer— You are not leasmg 
this land for nothing. You get big pay— seven 
dollars per capita yearly. You need this 
money. You have not enough to eat now. 
Look at your old people. They will starve 
on less than full rations. 

One Bull— If I am stronger than Weasel 
Bear, and I go to him and say, " You have a 
good farm ; 1 want it. You must let me have 
it," Weasel Bear says, " No, I settled on this 
farm to make a home for myself and my chil- 
dren. I have gathered property about me, 
and I am settled for good. In a few years I 
can support my family comfortably." I insist ; 
I say, " That has nothing to do with the case. 



I do not want your place for nothing— I will 
pay you for it.*^ Now, because I am stronger 
than Weasel Bear, though I will pay him well, 
would it be just or right or manly for me to 
drive him off and take his home ? I say No ! 
It is wrong ! He does not want my pay. He 
wants his home, because it is his, and it is his 
right to refuse to sell or lend. We want to be 
treated like men, not driven like dogs. We 
came to the courts in Washington. We left 
our case there. We thought the courts would 
rule wisely and justly. As the courts had 
taken our case, we thought we were recog 
nized as men; but now the Commissione. 
shows us that the white man's court is no 
better than his word ; and while our case is in 
court, not yet settled, he orders Lemmon to 
go ahead and corral us. We are not brutes ; 
we will not submit. Tell Lemmon to stop 
building the fence. Respect our manhood 
and we will obey the laws. We will lease the 
part that we selected. The land is ours. We 
will lease the northwest corner, and will go 
with you to make the boundaries, and in open 
council hear his offer and draw up the con- 
tract together. We forbid Lemmon to go on 

with the fence. 

Agent Bingenheimer — I will write at once 
to the Commissioner, but I am afraid I can 
do nothing. You may sell fence-posts to 
Lemmon at six and one-quarter cents apiece, 
and you may haul the wire which is now at 
Evarts and will soon be at Fort Yates. You 
can earn a great deal of money in that way, 
and you people, not having enough to eat, 
ought to be glad to earn so much money. 

One Bull — We are Indians and cannot live 
without wood and water. In winter we can- 
not live upon the high plains and keep our 
herds. We have to live along the streams, 
where there are ravines and brush and shel- 
tered spots and wood and water. This lease 
will deprive a great many people of their shel- 



The Standing Rock Indians 



1902] 

tered homes. Streams and wood are scarce. 
AVe will not lease the best of our land. We will 
never consent to have our brothers corral ed 
like cattle. We are men like you. Take he 
committee and go out with hem and decide 
where Lemmon shall build his fence; we will 
agree to that. 

After these speeches had been made, as 
well as short addresses by Grey Eagle, Rose- 
bud, and Wakutemani— all to the same effect-^ 
Wakutemani said : "We ought to close this 
meeting by a rising vote on this protest. 

Agent Bingenheimer- All willing for Lem- 
mon to go on, arise. [Not one arose.] All 
^ho protest and wish me to write the Corn- 
missioner to stop Lemmon, arise. [The whole 
houseful arose, without a single exception.] 

Rosebud-We desire to have our mission- 
aries see the letter. We have decided, by a 
unanimous vote, that no more papers con- 
tracts, etc., are to be signed by us until first 
seen by our missionaries. 

Agent Bingenheimer— Who are they ? 

Rosebud— Father Bernard, Winona, and 

Mr. Deloria. ^ . j ^.u «. t 

Agent Bingenheimer— I cannot do that, i 
will send iust as strong a letter as I can ; but 
I will not submit my letters to anyone. How- 
ever, I will give you a copy and they can see 

the copv 

Rosebud— We do not mean that we can- 
not trust you, but we feel safer if our mission- 
aries see what is said to be our expression; 
and if they have a copy they cannot say in 
Washington that we never said it, or that we 
said something else. 

The meeting then closed. 

I invite Senator Piatt's attention to the 
proceedings of this Indian council, held 
only two weeks ago, and would like respect- 
fully to ask whether, in his judgment, they 
are the reflection of a square, honest deal 
. on the part of the officers of the United 
States ? These Indians are not loafers or 
idlers. According to the report of Com- 
Tnissioner Jones for 1900, they raised that 
year 3,491 bushels of oats, barley, and 
rye- 19,971 bushels of corn ; 10,016 bush- 
els of vegetables, and 21,799 tons of hay. 
They cut 2,376 cords of wood, and trans- 
ported from distant railway stations 2,332,- 
000 pounds of freight. They owned at 
that time 10,082 horses and 12,213 cattle. 
(Report of the Indian Commissioner for 

1900, pp. 668-699.) 

They seem to have done their level best 
to earn their own living on a semi-barren, 
semi-arid reservation where there is little 
work to be had ; where agricultural crops 
fail two years out of three on account of 
drought ; and where cattle-raising is almost 
the only possible industry. Instead of 
lecognizing their efforts to do what they 



95 



can while they are accumulating enough 
cattle for self-support, the Indian Office 
cuts down their rations fifty per cent. ; 
gives them notice of another impending 
cut of fifty per cent. ; threatens them with 
the permit system in order to force them to 
consent to a lease ; ignores the terms and 
conditions of the consent thus obtained ; 
turns cattlemen and half-wild Texan cattle 
into the occupied parts of their reserva- 
tion ; and finally, when they protest, tells 
them, through its Agent, that they will have 
to starve if they do not submit, and that 
they had better keep quiet and sell fence- 
posts to the lessees at six and a quarter 

cents apiece I 

6. The Commissioner says, m his reply 
to my article, that the Indians are " will- 
ing and anxious " to lease their lands, and 
that all the opposition there is comes 
from a few squaw-men and half-breeds, 
<< who see in the inauguration of the leas- 
ing system the overthrow of the abuses 
which they have heretofore practiced." 
I think the council proceedings above set 
forth are a sufficient answer to this state- 
ment If the Indians are " willing and 
anxious " to lease, they have a queer way 

of showing it 1 

7. The Commissioner says: itie 
Walker lease exempts and excludes one 
township of land in the neighborhood of 
Bull Head Station which includes the 
only thickly settled part of the reservation 
in the leased portion. A very conservative 
estimate places the number included in 
the leased district at not more than seventy 

families." 

Since the beginning of this controversy 
between the Indians and the Commis- 
sioner—viz., in the early part of March— 
the Rev. T. L. Riggs, who has been long 
and favorably known in connection with 
mission work among the Sioux, made a 
careful investigation of the Standing Rock 
leases, at the request of the Indian Rights 
Association, and sent to that Association 
a full report upon the subject. Concern- 
ing the number of Indian families included 
within the leased district, he says : 

** There appears to be fully as dense 
ignorance, on the part of those whose 
business it is to know, with regard to the 
number of Indians who will be affected 
by this leasing of land, as in the matter 
of land limits. Agent Bingenheimer tells 
the Senate Committee that eighty families 



96 



The Outlook 



might possibly be included. He certainly 
knew better — or ought to have known 
better. Under the original calls for pro- 
posals, to include lands lying west of the 
range line between ranges 26 and 27, 
there could not possibly be less than four 
hundred families within the proposed 
lines. I do not know that any one has 
taken the trouble to make a careful census. 
It includes nearly every man, woman, and 
child on the rolls of Bull Head — a few 
short of one thousand persons. It also 
includes the great majority of those 
enrolled on the Upper Cannonball Sta- 
tion — the exact number of whom I was 
unable to learn — besides scattering fami- 
lies belonging elsewhere. . . . Under the 
final proposal, to lease lands extending 
only to the range line between ranges 25 
and 26, there are within the limits of 
leased lands 232 families, according to 
Agency-ticket record." The exclusion 
and exemption of the Bull Head township 
would reduce this number by only 13. 
At the rate of four persons to a family, 
there would consequently be 876 Indians 
within the boundaries of the leased area. 
" The Indians of Grand River," Mr. 
Riggs says, " owned, in 1901, 5,247 cattle, 
almost all of them within the limits of 
the Walker lease. Probably, with their 



horses, they now own 11,000 head of 
stock. It would not appear that there is. 
much land here that is suffering to be 
leased. The Indian delegate who said 
to the Senate Committee, ' We want that 
for ourselves,', evidently knew what he 
was talking about." (Report of T. L. 
Riggs to the Indian Rights Association, 
March 17, 1902.) 

If a region that is inhabited by 876 
Indians, with 11,000 head of stock, is not 
an "occupied part of the reservation," 
I should be glad to know what the Com- 
missioner's definition of ^occupied" is. 
At the rate of one head of stock to every 
forty acres (the proportion of cattle to 
land adopted by the Indian Office) these 
11,000 horses and cattle would occupy a 
range of 440,000 acres — almost exactly 
the amount of land leased in this very 
region to Mr. Walker. . 

In view of this and many other discrep- 
ancies between the statements of Commis- 
sioner Jones on one side and the statements 
of the Indians and disinterested investiga- 
tors on the other, there would seem to be 
urgent and pressing need for a thorough 
and impartial investigation of the whole 
subject by some person or persons not 
connected with the Indian Office. 

Washington, D. C. 



Notes and Oueries 



Will some reader give me some information in 

regard to the following: 1. Refer me to some book that 
will give a history of the Shawnee Indians ; I want 
to know of their habits and peculiarities, the number 
of the tribe, their early headquarters, etc. I want 
this information in regard to them in the early his- 
tory of the country — say about 1776. 2. To book or 
source of information concerning the early French 
trading posts ; where they were and all the informa- 
tion I can get, such as would help me in describin^^r 
one minutely. 3. Something as to the founding and 
history of Detroit, Michigan. If you will give me 
some help as to these points it will be greatly appre- 
ciated. R. J. BlRDWELL, 

Coleman, Texas. 

3. See Cooley's "History of Michigan" (Houghton, 
Mifflin & Co., Boston, $125); Farmer's "History of 
Detroit and Michigan'' (Farmer, .Silas & Co., Detroit, 
$10); HamUn's **I.egends of Detroit" (Thorndike 
Nourse, Detroit, $2). 

On page 244 of Dr. Mark Hopkins's "Evi- 
dences of Christianity " is the following : " The 
objections brought by Archbishop Whately against 
the existence and general history of Napoleon Bona- 
parte are quite as plausible as any that can be brought 
against the existence and general historv of Christ." 
I have made search in Whately's works, and am 
unable to find the passage referred to. Can you or a 
subscriber inform me as to where I can find it ? 

W. K. S. 
Archbishop Whately published his "Historic Doubts" 
concerning the existence of Bonaparte in an anonymous 
pamphlet — anonymous merely to preserve its ironical 
character. He refers to it very briefly in his " Elements 



of Rhetoric," page 118, Harper's edition. Perhaps some 
reader can tell us more about it. 

After reading Dr. White's "Warfare Between 
Theology and Religion," Shaler's " Individual," and 
others. I would like to find some man, equally 
scientific, who would strike a deeper key— some man 
who, admitting the many mvths, inaccuracies, and 
errors in the Bible, would still point to the divine in 
it; a man truly scientific, who, believing in our 
ascent from the lowest forms of organic life, believes 
just as truly in a divine life which has quickened and 
sustained this wonderful procession and which assures 
us of the immortality of our souls. Is there any 
scientific book written in this spirit ? X. 

For the testimony of a naturalist of the highest eminence 
see Romanes's *' Thoughts on Religion " (The Pilgrim 
Press, Boston, or any bookseller can supply it at $1.25). 
For a work done in a thoroughly scientific spirit, though 
not by a professional naturalist, see Dr. N. Smyth's 
"Through Science to Truth" (Scribners, $1.50). Dr. 
White's work, it should be noticed, is careful to preserve 
the names of eminent men of science who were also men 
of Christian faith, as Lyell, Faraday, Asa Gray, and 
others. The proper title of Dr. White's work is " A His- 
tory of the Warfare between Science and Theology in 
Christendom." (D. Appleton & Co., New York.) 

By an unfortunate slip, not of the types, but of the 
mind or memory, we last week referred to Lord Kelvin's 
early name and title as Sir William Hamilton instead of 
Sir William Thompson. The latter name is literally " a 
thing which every school-boy knows." 







Have Reservation Indians Any Vested 

Rights ? 

By George Kennan 

Washington Correspondent of The Outlook 



JUST west of the Missouri River and 
south of its tributary the Cannonball, 
partly in North Dakota and partly 
in South Dakota, lies an extensive tract 
of treeless, semi-arid land, known as the 
Standing Rock Indian Reservation. It 
is part of a much larger reservation which 
was made by virtue of a treaty with the 
Sioux in 1868, and which, twenty years 
later, was reduced in area by a partial 
extinguishment of the Indian title and 
the throwing open of half the land to 
white settlement. The Standing Rock 
Reservation is now the home of about 
thirty-seven hundred Sioux Indians, who 
live in comfortable houses along the 
Missouri River and the lower reaches of 
its tributaries the Grand and Cannonball, 
and who, with some aid from the Gov- 
ernment, support themselves by raising 
cattle — the only industry for which that 
high prairie country is suited. These 
Indians, as described by Mr. James Mc- 
Laughlin, who was formerly Agent at 
Standing Rock, " are well disposed and 
obedient to the will of the Government ; 
are becoming more and. more industrious 
and provident from year to year; and 
show a steady advance in civilization. 
A large number of them labor for them- 
selves and others, not to please the Agent 
in the hope of gaining favors, as formerly, 
but for the returns that labor brings." 
Such Indians would seem to be pre-emi- 
nently entitled to sympathy, friendly en- 
couragement, and just treatment. 

A year or two ago the Chicago, Mil- 
waukee, and St. Paul Railroad Company 
constructed a branch line from Roscoe to 
a point on the Missouri River nearly 
opposite the southeastern corner of the 
reservation, and, after having had an 
understanding, apparently, with certain 
stockmen of the neighborhood, undertook 
to persuade the Indians to lease a large 
part of their reservation for cattle-grazing, 
which would be profitable to the stock- 
men, and which at the same time would 
increase the business of the railroad. 
The Indians, however, objected, and, at 



a grand Council summoned by the pres- 
ent Agent, Mr. Bingenheimer, and held 
on the 3d of May, 1901, they finally 
refused point blank to lease any part of 
their reservation, on the ground, primarily, 
that they already had fifteen thousand 
head of cattle and half as many horses 
of their own, and that they hoped soon 
to increase their herds to such an extent 
that all available pasturage — at least in 
the southern and eastern parts of the 
reservation — would be utilized. 

On the iSth of May, 1901, the Indian 
Commissioner, Mr. W. A. Jones, who was 
then in New York, wrote to the Assistant 
Commissioner in Washington as follows : 
*< I do not see that we can do anything 
as the situation stands, unless Agent 
Hatch could persuade those Indians to 
accept the permit system " (turning cattle 
into the reservation at a certain stipu- 
lated price per head for the grazing priv- 
ilege). " I would like very much to have 
the surplus lands on those reservations " 
(Standing Rock and Cheyenne River) 
" used for grazing, ^u^ cannot do so with- 
out the Indians* consent^ and it seems, at 
present, that we are unable to secure it. 
I would suggest that you correspond 
again by wire with Hatch and Bingen- 
heimer as to whether the Indians have 
experienced a change of heart in connec- 
tion with it, and, if so, I Would issue per- 
mits at once." 

Upon receipt of this letter, the Assist- 
ant Commissioner telegraphed Mr. Bin- 
genheimer, the Agent at Standing Rock, 
as follows : " The Commissioner ... in- 
structs me to again wire you with a view, 
if possible, of securing consent of Indians 
for pasturage of 10,000 or 12,000 outside 
cattle south of Grand River, at the rate 
of $1 per head. . . . Early action very 
essential. Wire answer." 

The Indians still refused either to lease 
their lands or to allow cattle to be turned 
into their reservation on the permit sys- 
tem, and the negotiations, apparently, 
were dropped. 

Five months later, on the 9th of last 

759 



. -i^^^^-.d^-^fO 



>v 



760 



•. •• •- 



The Outlook 



[29 March 



October, the Indian Commissioner, who 
meanwhile seems himself to have " ex- 
perienced a change of heart,'* or at least 
to have decided upon a different policy, 
wrote Mr. Bingenheimer, the Agent at 
Standing Rock, as follows : " You are 
advised that the Secretary of the Interior, 
on the 4th inst, granted authority for the 
permit system ... of pasturage for out- 
side cattle on the Standing Rock Reser- 
vation. . . . The system shall be inaugu- 
rated to begin January 1, 1902," and 
" the rate shall be $1 per head per annum. 
. . . The matter should receive immediate 
attention [so] that the system shall be in 
working order on January 1st." 

It will be observed that, in the interval 
between May and October, the Interior 
Department changed — or seemed to 
change — its view of the legal question 
involved in the case. In May the Com- 
missioner wrote his assistant that cattle 
could not legally be turned into the reser- 
vation " without the Indians' consent." 
In October the Department decided to 
turn them in without reference to the 
Indians' consent, and without regard, 
apparently, to equity or law. 

The decision and order were promptly 
communicated by Agent Bingenheimer to 
the unfortunate Sioux, who were com- 
pletely taken by surprise and thrown into 
a panic. If ten or fifteen thousand wild 
Texan cattle were turned into their reser- 
vation, without restriction as to range, 
such cattle would naturally seek the best 
pasturage in the more settled region ; the 
unfenced fields from which the Indians 
obtained their winter supply of hay would 
be overrun ; the Texan cattle would min- 
gle with their own, and the latter would 
be carried away in the round-ups ; there 
would be disputes and quarrels over 
water privileges in the dry season ; cow- 
boys would be constantly meddling with 
their women, and there would inevitably 
be trouble of all sorts. 

Conscious of their inability to make any 
effective resistance, and more afraid of 
the turning in of cattle on the permit 
system than of any other form of invasion, 
the Indians decided — virtually under com- 
pulsion — to lease a pasturing privilege 
in the unoccupied part of their reserva- 
tion. They had repeatedly refused, be- 
fore, to agree to this, and were still 
opposed to it ; but, inasmuch as it would 



enable them to keep foreign cattle in one 
place, away from their own homes and 
fields, while under the permit system 
such cattle might range anywhere, they 
decided to consent to it, as the lesser of 
two evils. 

The Agent, Mr. Bingenheimer, there- 
upon drew up a form of agreement by 
which the Indians bound themselves to 
grant, for a period of five years, a pastur- 
ing privilege in " the unoccupied por- 
tions " of their reservation, payment for 
such privilege to be made at the rate of 
not less than one dollar per head for 
every animal admitted. This agreement 
contained no stipulation with regard to 
the area to be leased, and no description 
of its boundaries ; but there was a verbal 
understanding with the Agent that the 
lease or leases should cover only the 
northwestern part of the reservation, 
which was then unoccupied, and that the 
boundaries of the leased tracts should be 
fixed and staked out by a joint commis- 
sion composed of the Agent and three 
representative Indian chiefs, including 
their interpreter, Louis P. Primeau. The 
agreement was duly signed and forwarded 
by the Agent to Washington, and the 
Indian Office at once advertised for bids. 
The advertisements, however, in open 
violation and disregard of the written 
conditions of the Indians' assent, invited 
bids for grazing lands by the acre, and 
not for pasturage by the head of stock as 
stipulated. This was clearly disadvanta- 
geous for the Indians, for the reason that, 
upon lands leased by the acre, the lessees 
might, without additional expense, put 
two different lots of cattle in succession 
every year, while if the lease provided 
merely for pasturage by the head, pay- 
ment would have to be made for the 
first lot, and then in turn for the second 
lot. It was also disadvantageous for the 
further reason that land leased by the 
acre might be overstocked by crowding it 
with cattle at all seasons of the year, and 
its value as pasturage be thus perma- 
nently impaired. 

Disregard for the interests of the 
Indians was also shown in the shortness 
of the time given stockmen for action. 
It is customary, in cases of this kind, to 
allows a month to elapse between adver- 
tisement and the opening of bids, in order 
that competing stockmen may have ample 



[I 



%j 



1902] 



Have Reservation Indians Any Vested Rights? 



761 



time to inquire, investigate, and make 
their proposals; but in this particular 
case there seems to have been some 
reason for unusual haste, inasmuch as the 
bids were opened only seventeen days 
after the appearance of the first advertise- 
ment. I shall suggest a possible explana- 
tion of this haste when I come to the 
Senatorial investigation of the transaction. 
As soon as the bids had been opened, 
Mr. Bingenheimer, the Agent at Standing 
Rock, proceeded, in behalf and in the 
name of the Indians, to draw up leases 
for more than two-thirds of the whole 
reservation, including not only the unoc- 
cupied northwestern part (731,000 acres), 
but a large tract of nearly 500,000 acres 
in the central and southern part, where 
the Indians live and have their winter- 
hay fields. No attention whatever was 
paid to the verbal stipulation that the 
area to be fenced should be surveyed and 
staked out by a joint commission, nor to 
the written agreement that it should in- 
clude only unoccupied land. On the con- 
trary, the Lemmon lease was made without 
consultation with the Indians as to bound- 
ary, and without survey, while the Walker 
lease threw open to the stockmen some 
of the best and most thickly settled parts 
of the reservation, where the Indians have 
their homes, their little gardens, their 
winter-hay fields, and their cattle. 

On the 13th of January, 1902, just after 
the opening of the bids, three of the prm- 
cipal chiefs of the Standing Rock Indians, 
namely. Thunder Hawk, Walking Shooter, 
and Weasel Bear, telegraphed Senator 
Jones, of Arkansas, as follows: "Four 
hundred families, residing within bound- 
ary of proposed lease, oppose leasing to 
syndicate. Indians on reservation unani- 
mously protest. Our farms will be over- 
run and trampled upon. Our efforts at 
home-building and farming will be wasted. 
We ask you to investigate. Indians de- 
sire personal hearing. We are full-blood 

chiefs." 

Upon resolutions offered by Senators 
Rawlins and Jones, the whole question of 
leasing lands in the Standing Rock reser- 
vation was finally brought before the 
Senate Committee on Indian Affairs, and 
was discussed by that Committee at a 
series of meetings held on the 1 6th and 
23d of January and the 4th of February 
of the present year. Mr. W, A. Jones, 



the Commissioner of Indian Affairs, made 
a statement of the case from his point of 
view ; a hearing was given to a delegation 
of Standing Rock Indians who had come 
to Washington for the purpose of stop- 
ping, if possible, the execution of the 
Walker lease; and a large number of let- 
ters, papers, and documents were sub- 
mitted for perusal and consideration. 
Although the questions, discussions, and 
proceedings generally of the Committee 
were so unsystematic, inconsecutive, and 
inconclusive as to leave almost everything 
in doubt, some light was thrown upon the 
policy of the Interior Department and the 
methods of the Indian Office in dealing 
with Indian affairs. When, for example, 
Senator Jones asked the Indian Commis- 
sioner the direct question, '' Did you write 
a letter to somebody out there saying the 
permit system would be inaugurated ?''— 
a question that it was impossible to mis- 
understand — the Commissioner replied, 
*' No, sir ; nor did anybody else." Senator 
Jones thereupon requested Mr. Primeau, 
interpreter for the Indians, to read the 
letter written by the Commissioner to 
Agent Bingenheimer on the 9th of Octo- 
ber, 1901 (already quoted, in part, above). 
That letter expressly directed the Agent 
" to inaugurate the permit system of pas- 
turage for non resident stock," and to 
give the matter " immediate attention, so 
that the system shall be in working order 
on the 1st of January, 1902." 

Inasmuch as this letter, threatening the 
Indians with the permit system, was the 
cause and beginning of the whole trouble, 
one might naturally suppose that the 
Committee would ask the Commissioner a 
few pertinent questions about it — why, 
for example, he did in October a thing 
that he had declared in May he could not 
do ; why a course of procedure that was 
clearly illegal and impossible in the spring 
became legal and possible in the fall; 
and finally, why, in reply to a direct ques- 
tion, he declared he had not written a 
letter which was immediately afterward 
produced and read, and which he was 
then forced to admit was his own. No 
such questions, however, were propounded, 
and when the Commissioner, in what 
purported to be an explanation of the let- 
ter that he at first denied having written, 
declared, ** There was no intention on my 
part, nor any one in the office, to force 



762 



The Outlook 



[29 March 



the permit system or the leasing system 
upon these Indians," Senator Jones 
merely remarked, " /know you could not 
violate the law, but the question is 
whether the Indians knew it." 

From the statements made before the 
Committee by the Indians, it is perfectly 
evident that they did not know it ; that, 
as a matter of fact, they were forced into 
a lease of their unoccupied lands; and 
that they consented to such lease only 
because they thought it would aflEord a 
means of escape from a worse evil in the 
shape of the permit system, which was 
about to be " inaugurated " by authority 
of the Secretary of the Interior, and in 
obedience to an unconditional and per- 
emptory order from the Commissioner of 
Indian Affairs. 

The provisions and stipulations of the 
leases that were thus obtained from the 
Indians by coercion and threat are open 
to many objections, and they ought to 
have been made the subject of careful 
and thorough inquiry when the case came 
before the Senate Committee. 

The Lemmon lease, for example, pro- 
vides that the lessees shall pay the Indians 
a certain price per acre for the lands 
acquired ; while the agreement signed by 
the Indians was that the lessees should 
pay a certain price per head for the num- 
ber of cattle pastured in the leased terri- 
tory. It would be interesting to know 
why this change was made, and what legal 
authority there is for getting consent to 
one form of lease and then substituting 

another. 

The agreement with the Indians was 
for a lease only of " the unoccupied por- 
tions of the reservation;" while the 
Walker lease throws open to the cattle- 
men a large tract of occupied land, includ- 
ing both banks of the Grand River for a 
distance of twenty-five miles and taking 
in the homes, gardens, winter-hay fields, 
and stock ranges of hundreds of Indian 
families. Upon what basis of law or 
equity can an agreement to lease nnoccu- 
pied land be made to justify the virtual 
confiscation of thousands of acres of 
occupied lands, where the Indians live 
and where they have made valuable im- 
provements ? 

The Lemmon lease provides that the 
cattlemen shall fence in the leased area 
**with a good, substantial, cattle-proof, 



barbed-wire fence, . . . such fence to be 
kept in good repair . . . and to revert to 
the Indians and become their absolute 
property at the termination of the lease." 
The Commissioner was evidently aware 
of the importance to the Indians of such 
protection as this, because, in reply to a 
question from Senator Jones, he said 
emphatically : '* The lessees cannot put a 
single head on there until they have 
fenced the land; there is no question 
about that." At a later period of the 
investigation, however, it appeared from 
the Commissioner's admissions that in the 
occupied territory covered by the Walker 
lease, where protection, of course, was 
most important and essential, the Indians 
would be expected to do their own fenc- 
ing — that is, either protect themselves, at 
their own expense, from the lessees' cattle, 
or allow the latter to graze over their 
pastures and trample upon and ruin their 
. improvements. " I will state," Commis- 
sioner Jones says, **as to the families 
living in the proposed leased tract, that 
we propose to give them all the wire they 
will need to fence their holdings, both as 
to their meadow lands and also whatever 
other tracts they may want. We insist 
that they shall do their own fencing, where 
they are able to do so, but we will give 
them the material." It is not quite clear 
whether the word " we " in this statement 
refers to the Commissioner and the cattle- 
men conjointly, or whether it is a plural 
pronoun standing for a single administra- 
tive bureau ; but the ambiguity is sug- 
gestive rather than practically important. 
The significant feature of the statement 
is that the Commissioner, after frightening 
the Indians into an agreement to lease 
" the unoccupied portions " of their reser- 
vation, turns the cattle* of the stockmen 
into the occupied portions, and then coolly 
informs the occupiers that if they don't 
want to have their gardens and hay-fields 
trampled over and their improvements 
ruined, they must, at their own expense, 
put up fences to keep the foreign cattle 
out. All that " we " can be expected to do 
— he seems to say — is to furnish barbed 
wire ; and we do that as a concession of 
grace rather than an obligation of equity I 
According to a statement made before the 
Committee by Mr. Truesdell, one of the 
expert witnesses, an Indian who owned 
one hundred head of cattle, and who 



1902] 



Have Reservation Indians Any Vested Rights? 



763 



wanted to keep them apart from the wild 
Texan cattle of the lessees, would have to 
build ten and a quarter miles of fencing 
in order to inclose a sufficient amount of 
pasturage. This would be a serious and 
difficult task, even if the wire and posts 
were on the ground ; but the wire would 
have to be hauled from the nearest rail- 
way station, and the posts from the Mis- 
souri River — a distance in each case of 
from thirty to fifty miles. It would mani- 
festly be impossible for any single family 
to haul fifty thousand feet of barbed wire 
and seventeen hundred posts a distance 
of thirty to fifty miles, and then dig seven- 
teen hundred post-holes and nail to the 
seventeen hundred posts three separate 
strands of barbed wire. It could not 
possibly be done in a year, nor probably 
in two years ; and yet, if it were not done, 
the Indians would have no adequate pro- 
tection for their holdings and their cattle. 
It was in view of this apprehended diffi- 
culty, among others, that they stipulated, 
in their written agreement, for a lease of 
" unoccupied " lands only ; but the Indian 
Office paid no attention to the agreement, 
and proceeded to give the Walker syndi- 
cate the lands that were best suited to its 
needs, regardless of occupancy, and then 
to throw on the Indians the burden of 

fencing. 

But the circumstances that attended 
the awarding of these leases were quite 
as remarkable and significant as were the 
leases themselves. It is perfectly clear, 
from the evidence laid before the Com- 
mittee, that certain cattlemen in the 
neighborhood of the reservation knew 
what was going on, and had formed a 
"pool" or syndicate to check competi- 
tion, keep down rates, and, if possible, 
shut out other bidders. This may be 
inferred, not only from the shortness of the 
time allowed between advertisement and 
award, but from the fact that the bids had 
a very limited range— viz., from a mini- 
mum rate of three cents to a maximum 
rate of three cents and half a mill 
per acre; although grazing land in the 
Cheyenne Reservation, just south of 
Standing Rock, was leased at that very 
time for five cents per acre, and land on 
the other side of the Missouri River for 
twelve cents per acre. ^^ 

But the existence of this local " pool 
or syndicate of stockmen is not merely a 



matter of inference and conjecture ; it is 
a fact of record. In reply to a question 
from Senator Harris, Commissioner Jones 
said : " From the records of the Office it 
appears that they [the local stockmen] 
have come to some agreement among 
themselves. The land was divided into 
two tracts, and those who have cattle 
near the reservation agreed among them- 
selves to put in a certain number of cattle 
divided proportionately on some basis. 
That was an understanding among the 
lessees," In other words, the local stock- 
men, who seem to have had early notice 
of the leasing plan, formed a syndicate 
and promptly put in their low bids. Then 
the quick action of the Indian Office in 
opening these bids protected them from 
the competition of other stockmen who, 
perhaps, were not so favorably situated, 
and who did not have time, after the 
advertisement and before the award, to 
get their proposals in. Senator Gamble 
informed the Committee that he had re- 
ceived complaints, based on this ground, 
from other stockmen outside the syndi- 
cate, and suggested that "the time for 
the opening of the bids might have been 
more extended." The Indian Commis- 
sioner did not explain why the time was 
not more extended, and when he was 
asked by Senator Jones whether three 
cents an acre was an adequate price for 
the grazing privilege given to the ** pool," 
he replied, " I do not know anything 

about it." 

Mr. William V. Wade, however, of Wade, 
North Dakota, seems to know something 
about it, and in a letter to Senator Jones, 
which was laid before the Committee, he 
says : " Seeing by the papers that you are 
taking some interest in the wrong being 
done the Sioux Indians by the renting of 
their reservation to a company with which 
the Commissioner of Indian Affairs is con- 
nected, I take the privilege of writing you 
upon the subject. I think it is all wrong, 
for the following reasons." After stating 
his reasons, Mr. Wade adds in conclusion : 
" A thorough investigation will show up 
some dark objects only slightly under 

cover." 

Whether Mr. Wade's charge that the 
Indian Commissioner was connected with 
the syndicate to which the leases were 
made is well founded or not, I have no 
means of finding out ; but that the Indian 



764 



The Outlook 



[29 March 



Office has yielded in another similar case 
to a very strong " pull " of some sort is 
more than indicated in a remarkable 
series of private letters submitted by 
Senator Rawlins and printed in the Com- 
mittee's record of its proceedings. The 
writer of these letters — a man named 
Harper — is, or was, interested with others 
in obtaining from the Uintah Indians of 
Utah a lease of land for mining purposes ; 
the mining rights, when obtained, to be 
capitalized at $3,000,000. He writes 
letters to his associates — apparently from 
the oflBce and on the official letter-heads 
of the Assistant Commissioner of Indian 
Affairs — and from time to time reports 
progress in the effort that he is making 
to procure the desired lease. He more 
than intimates that he has a very strong 
secret " pull " in Washington ; says that 
he is " hitting the high places ;" boasts 
that a certain Dr. McDonald — a post- 
surgeon on the Uintah Reservation who 
has been opposing their plans — will shortly 
" be g^ven a change of base for his health " 
(that is, will be removed, through the 
efficacy of his— Harper's— " pull ") ; says 
that " it may be advisable to lay low until 
he [the doctor] gets his orders and has 
gone away;" cautions his associates that 
" we must protect our good official friends," 
and ** must not get any officer in a hole 
by anything we may say or do ;" declares 
that " * the powers that be ' have impressed 
the Indians with the advantages to them 
from leasing ;" arranges for a secret tele- 
graphic cipher and a fictitious name, or 
the name of another person, to be signed 
to his own telegrams, "to preclude the 
possibility of its leaking out that I am 
associated in the matter;" and, finally, 
says to his correspondent " Jim," " * The 
powers that be ' are very anxious to have 
all correspondence destroyed. You will 
at least be very careful of same." 

These letters have no direct bearing, 
of course, upon the Standing Rock case ; 
but if they are genuine, and if the state- 
ments made in them are true, they would 
seem to show that the Indian Office, in 
the matter of negotiating leases of Indian 
lands, is not always actuated wholly and 
exclusively by a desire to promote the 
Indians' welfare. 

Leavingthis doubtful question, however, 
to be settled by the Senate Committee 
which is now investigating it, I will bring 



as nearly as possible up to date the history 
of the Standing Rock case. 

Frightened and discouraged by the 
attitude of the Indian Office, the Sioux 
decided to make no further opposition to 
the Lemmon lease, and even offered to 
extend it so as to take in about one hun- 
dred and fifty square miles of additional 
territory, provided the Commissioner 
would hold up the Walker lease, which 
covered the homes and holdings of several 
hundred families. This, however, the 
Commissioner refused to do, and as no 
definite action had been taken by the 
Senate Committee, the Indians finally 
resolved to carry the case into the courts. 
Through their counsel, the Hon. William 
M. Springer, they are now seeking an 
injunction to restrain the Secretary of the 
Interior and the Indian Commissioner 
from proceeding to execute the Walker 
lease, on the ground that it is in flagrant 
violation of the written agreement by 
virtue of which, ostensibly, it was author- 
ized. The questions that will be pre- 
sented in this particular case are : 

1. Whether the Indian Office has any 
legal right to authorize and order the 
throwing open of a reservation to foreign 
cattle without the Indians' consent ; and 

2. Whether, having obtained their con- 
sent to one form of lease, the Commis- 
sioner may legally direct the Indian Agent 
to draw up and execute in their behalf a 
lease of very different form, for which no 
consent has been given. 

The law under which such leases have 
hitherto been made is the Act of Con- 
gress of February 28, 1891, which pro- 
vides that leases of Indian lands " may 
be made by authority of the council 
speaking for such Indians." The legal 
presumption would seem to be that Indian 
leases are not to be made without this 
specified authority ; but, inasmuch as the 
statute does not expressly forbid the 
leasing of Indian lands without Indian 
consent, the Interior Department may 
now hold that it has power to ignore treaty 
rights ; to regard the Indians as infant, 
or mentally incompetent, wards of the 
Government ; and to do with their res- 
ervations whatever it pleases. That this 
view is now being taken, not only by 
officials and legislators, but by the courts, 
is clearly shown in many recent acts, 
statements, and decisions. In the dis- 



1902] 



Winter in the Adirondacks 



765 



cussion of this very case, for example, 
Senator Piatt, of Connecticut, said : " I 
do not know but what the time has come 
. . . when we may have to disregard the 
letter of the treaties which we have made, 
giving such title as we have given to 
these Indians, and to proceed upon your " 
(Senator Rawlins's) "theory that what- 
ever is best now for the Indians, years 
having elapsed, we will do." 

Senator Rawlins's theory, as stated by 
himself in explanation of a bill to deprive 
the Indians of the Uintah Reservation of 
a part of their lands, without their consent, 
is as follows : " The legal proposition 
involved is this : The estates of infants 
and incompetent persons, incapable of 
contracting for themselves, are constantly 
disposed of by the authority of the State, 
and the proceeds derived are held for 
their benefit. That is the proposition. 
These are Indians who cannot intelligently 
deal with this subject independently. They 
are wards of the Government. This bill 
does not take away from them anything. 
It converts their land into a fund which 
will be applied to their benefit. That is 
constantly done in the courts of chancery 
under an order to sell the land of an 
infant to which the infant has title in fee 
simple." 

In the case of Lone Wolf and other 
Indian chiefs against the Secretary of the 
Interior, which is now pending in the 
United States Supreme Court, the Court 
of Appeals of the District of Columbia 
held last week that " the treaty of 1868 " 



(the same treaty under which the Standing 
Rock Sioux hold their reservation) " cer- 
tainly did not vest in the Indians, either 
in their individual or tribal capacity, any- 
thing more than the right to occupy the 
lands, as against the United States, /////// 
// was found necessary to make other pro- 
vision for them. There was no grant of 
estates, either of freehold or leasehold — 
only a mere right to occupy and use the 
lands ; but these rights of the Indians 
were sacred to them, as against every one, 
U7itil Congress made provision for assuming 
control over the lands and making other dis- 
position thereof J ^ 

If this decision be sustained in the 
Supreme Court, it will mark the begin- 
ning of a new departure in our Indian 
policy. There will then be no legal bar 
to the removal of all the American Indi- 
ans from their reservations and the ban- 
ishment of every man, woman, and child 
of them to Alaska or Porto Rico. 

The Sioux ceded 9,000,000 acres of 
their land to the United States, in pay- 
ment for the reservation they now occupy ; 
but in the light of the decision just ren- 
dered by the District Court of Appeals, 
it appears that they acquired no title, 
" either of freehold or leasehold." We 
took their 9,000,000 acres, and gave them 
in return what now seems to have been a 
" gold brick," made by thinly gilding a 
metal that the Siberian miners call " zinc- 
deceit." We have ended one " Century 
of Dishonor," and are apparently about 
to begin another. 



Winter in tKe Adirondacks 

By Stephen Henry Thayer 

The hills are white and silent. Lo, the lakes — 
Immured in crystal tombs — lie still and prone. 
The hoary forests, storm-clad, grieve and groan. 

Whene'er the frost-spurred tempest, lawless, breaks 

From yonder mountain fastnesses, and makes 
For cloistered solitudes, you hear it moan 
As 'twere in pain : yet, list the lyric tone 

Of the brooklet's echo as it awakes 
In rocky caves 1 

"Silent," did I say? Nay, 
Nature's never silent. From hollow grotes 

To loftiest pinnacle her voices rise: 
She, too, Hke man, is troubled night and day I 
But midst the lonely sadness of her notes 

Does not her heart dream of its paradise? 



1902] 



Immortality : An Easter Sermon 



767 



Pensioning Street Railway Employees 

By H. H. Vreeland 

President Metropolitan Traction Company of New Vork 



THE necessity for providing some 
systematic means of support for 
men who have become incapaci- 
tated for duty by age or other infirmity is 
being recognized by employers of labor 
throughout the country. Manufacturers, 
railroad and other corporations realize 
the wisdom and justice of such a plan. 
The present idea of appropriating a fund 
for pensions is not new. I had it in 
mind when I took charge of the twenty- 
odd street railways making up the present 
Metropolitan system. I then found that 
there was a regular lack of unity of inter- 
ests among the men employed on the 
various lines throughout the city. It was 
apparent that among men brought to- 
gether by the recruiting methods then in 
existence, social intercourse for mutual 
benefit and improvement was practically 
impossible on account of the brevity and 
uncertainty of the tenure of employment, 
and my first efforts were directed to cor- 
recting this instability. I found that 
men were employed in a majority of 
instances through political influences, and 
with very little reference to their capacity 
or adaptability to the work they were 
expected to perform, with the natural 
result that discharges among four thou- 
sand men amounted to about three hun- 
dred a month. Immediately a reformation 
in the recruiting methods was inaugurated, 
and the Metropolitan began to select its 
labor in the open market, where it secured 
the best that was offered, making 'charac- 
ter, health, and intelligence the only 
qualifications necessary in order to enter 
the ranks. 

Within a year the results of this reform 
began to manifest themselves in all direc- 
tions, and, while the number of operatives 
was rapidly increased, the number of dis- 
charges steadily decreased to as many in 
a month as had previously occurred in a 
single day. 

Coincident with the reform in recruit- 
ing, there was developed a system of dis- 
cipline at once rigid and equal. No 
man was to be deprived of his employ- 
ment without a hearing and for reasons 

766 



that were explained to him, and the arbi- 
trary power of small officials was cur- 
tailed and centralized. My men acquired 
dignity, responsibility, and eflSciency, and 
the time was ripe for furnishing some 
means of social amusement and benefit 
Then came into existence, through the 
action of the men themselves, the Metro- 
politan Street Railway Association, which 
is justly regarded as the most effective 
organization of its kind- in existence. It 
is unpatronized by the corporation whose 
property it operates, it pays its own bills, 
nurses its own sick, and buries its own 
dead on a system devised by a Board of 
Trustees of its own election, and gives in 
fact the cheapest and promptest known 
insurance. During the brief term of its 
existence it has collected, distributed, and 
invested (in the securities of the proper- 
ties its members operate) over $100,000. 
Its main objects are to secvure to its mem- 
bers free medical attendance, one-half of 
the wages in case of illness, and $300 in 
case of death. These purely material 
benefits, to say nothing of the monthly 
entertainments, theatrical, athletic, mu- 
sical, and instructive, are secured to mem- 
bers at an expense of fifty cents a month. 
It has a library of over fifteen hundred 
books, and there are pool-tables and other 
means of recreation, representing an out- 
lay of about $8,000. This reform in the 
recruiting methods of the Metropolitan 
Company, steadying, as it did, the em- 
ployment in a single community of over 
fifteen thousand able-bodied wage-earners, 
was an immense civic service to which 
very little attention has been paid. 

This system provides for voluntary 
and involuntary retirement of all em- 
ployees so included between the ages of 
sixty-five and seventy, after twenty-five 
years' service in the Metropolitan Street 
Railway Company or any of its constitu- 
ent companies. Employees benefited by 
the system will be of two classes : 

First : all employees who have attained 
the age of seventy years who have been 
continuously in such service for twenty- 
five years or more preceding such date 



1 



■i 



r 



I 



of maturity ; and, second : all employees 
from sixty-five to sixty-nine years of age 
who have been employed twenty-five 
years or more in such service who, in 
the opinion of the trustees of the pension, 
have become physically disqualified. 

The pension allowance to such retired 
employees shall be upon the following 
basis: 

{a) If service has been continuous for 
thirty-five years or more, forty per cent, 
of the average annual wages for the ten 
previous years. 

{b) If service has been continuous for 



thirty years, thirty per cent, of the average 
annual wages for the ten previous years. 

(c) If service has been continuous for 
twenty-five years, twenty-five per cent, of 
the average annual wages for the ten pre- 
vious years. 

The fund from which payments will be 
made will be appropriated each year by 
the company, and employees will not be 
required to contribute to it. My object 
in establishing this department is to pre- 
serve the future welfare of aged and 
infirm employees and to recognize efficient 
and loyal service. 



Immortality: An Easter Sermon 



By Lyman Abbott 



Why seek ye the living among the dead ?— Luke xxiv., 5. 

IF one gathers out of the Bible its texts 
to get its teaching respecting the 
future state, he will find himself, in 
my judgment, in a maze of contradictions. 
He will find some texts which declare 
almost explicitly that there is no hope in 
death, and other texts which declare very 
explicitly that there is hope in death. Nor 
am I able to see any way in which these 
apparent contradictions of the Bible can 
be reconciled except by recognizing the 
fact that among the Hebrew people, as 
among all peoples, there was a growth 
in spiritual consciousness, and that the 
earlier teachings were those of men who 
were groping in the darkness, and the 
later those of men to whom the fullness 
of light had been vouchsafed. 

If we begin with the earliest record, we 
find in that story of the Garden of Eden 
immortality dependent apparently upon 
a certain fruit. So long as men ate of 
that fruit they would continue to live. 
But Adam and Eve had sinned, and that 
they should continue to live forever in 
sin, this was awful, and therefore they 
were expelled from the garden lest they 
should eat of the fruit of the tree of life 
and live forever like the gods. This 
death was inflicted on them as a penalty 
for transgression, and so in all the earlier 
history of Israel it was regarded. So in 
a great many Christian households to- 
day — and perhaps in some Christian 
pulpits — it is regarded as a penalty visited 



on men for sin, who, if they had not 
sinned, would have lived immortally on 
this terrestrial sphere. 

If you pass from this earliest record 
down a little later through the patriarchal 
age, there is no intimation of hope in 
death. When Abraham buried his wife, 
there was no gleam of hope of meeting 
her beyond the grave — at least none 
apparent. When Jacob was about to be 
gathered to his fathers — that was all. It 
was to be buried in the same grave ; it 
was entering the same company of the 
sleeping. When Moses came upon the 
scene and issued laws, he accompanied 
those laws neither with threatening of 
penalty beyond the grave nor with promise 
of reward beyond the grave. He neither 
suggested a heaven for the virtuous nor a 
hell for the vicious. He simply indicated 
penalty and reward in this present life. 
There is not a suggestion throughout the 
books of law of a life beyond the grave. 
When we come down to the time of 
Samuel, then first appears a belief in 
spiritual existences after death ; but it is 
a vague and shadowy belief, and the 
existences are themselves disembodied 
and shadowy existences. It is from a 
vague Sheol that the disembodied spirit 
of Samuel is summoned by Saul ; whether 
we regard that as a real summoning of a 
spirit, or a trick played upon him by a 
wizard woman, is immaterial — the fact 
indicates a belief that had slowly arisen 
of a disembodied existence beyond the 



768 



The Outlook 



[29 March 



grave. But that was all. In the earlier 
prophets there is nothing more than this : 
men are gathered to their fathers ; they 
fall asleep ; they go to the grave. As one 
of them says, Corruption is my father, 
and the worms are my mother and my 
sister. Perhaps as striking an illustration 
as any is to be found in Hezekiah^s psalm. 
He had been told that he must die ; then 
this edict had been taken back, he had 
been given a longer lease of life, and he 
writes a psalm of thanksgiving on this 
restoration of his life : 

I said in the cutting off of my days, I shall 
goto the gates of the grave: I am deprived 
of the residue of my years. I said,JI shall not 
see the Lord, even the Lord, in the land of 
the living: I shall behold man no more with 
the inhabitants of the world. Mine age is 
departed, and is removed from me as a shep- 
herd's tent: I have cutoff like a weaver my 
life: he will cut me off with pining sickness: 
from day even to night wilt thou make an end 
of me. Like a crane or a swallow, so did I 
chatter: I did mourn as a dove: mine eyes 
fail with looking upward: O Lord, I am 
oppressed; undertake for me. What shall I 
say? he hath spoken unto me, and himself 
hath done it: I shall go softly all my years in 
the bitterness of my soul. O Lord, by these 
things men live, and in all these things is the 
life of my spirit : so wilt thou recover me, and 
make me to live. Behold, for peace I had 
great bitterness : but thou hast in love to my 
soul delivered it from the pit of corruption : 
for thou hast cast all my sins behind thy back. 
For the grave cannot praise thee, death cannot 
celebrate thee: they that go down into the 
pit cannot hope for thy truth. The living, the 
living, he shall praise thee, as I do this dav : 
the father to the children shall make known thy 
truth. The Lord was ready to save me : there- 
fore we will sing my songs to the stringed 
instruments all the days of our life in the 
house of the Lord. 

Turn over to the Book of Revelation 
and see whether the " dead cannot praise 
thee,'* and whether " they that go down 
into the grave cannot hope for thy truth " 
— the Book of Revelation, which draws 
aside the curtain and shows the dead 
making the whole heavens resound with 
their rejoicings and their thanksgiving. 

Little by little there grows up a better 
hope, but it appears for the most part — 
indeed, I am inclined to think exclu- 
sively — in the later writers — at least in 
those whom modern criticism regards as 
later; now in a late Psalm, now in the 
utterances of Job, now in one of the con- 
flicting voices which run through the Book 
of Ecclesiastes. But these notes of hope 
are like sunshine that strikes through the 



clouds of a cold November day — they 
come for a moment and they are gone 
again. Perhaps the most striking of them 
is that exultant shout of Job. He is in 
despair, indeed. He laments his life ; he 
sees nothing but death before him ; to 
him the grave is the end ; and yet out of 
this very despair his faith in a just God 
brings forth a hope, and in the midst of 
his long plaint he strikes one jubilant 
song : " I know that my redeemer liveth, 
and though worms destroy this body, yet 
apart from my flesh shall I see God." 
And then the clouds gather over again, 
the sunshine disappears, and he falls back 
again into the same plaint, the same sad 
and almost hopeless strain. 

This prevalent conception in the Old 
Testament time is illustrated by the 
figures which are used in the Old Testa- 
ment to illustrate death ; and very marked 
is the contrast between the figures in the 
Old Testament and the figures in the New 
Testament. My life, says one writer, is 
like water poured out upon the ground : 
there is no hope of gathering it again — it 
is gone, absolutely, hopelessly, entirely 
gone. My life, says another, is like a 
shadow : it is here this moment, it has dis- 
appeared the next. My life, says another, 
is like a cloud : it hangs in the heavens 
for an hour, then the sun rises, blots it 
out of existence, it disappears — other 
clouds may come, that cloud will not 
return again. Life, says one, is like a 
shepherd's tent : it is taken down — will it 
be set up again ? He does not know, he 
does not suggest. The tent is gone. 
Life is like a thread in a weaver's loom : 
it is broken, it is cut — will some skillful 
hands gather the ends of these threads 
and knot them together again and go on 
with the weaving ? He does not know. 
It is cut — the end has come. These are 
the figures of the Old Testament. I fail 
to find one that has in it the hopes which 
I shall show you, in a moment, run through 
the figures of the New Testament. 

When Jesus Christ came into the world, 
then, the faith in Judaism was a conflict- 
ing faith. There were the Sadducees, who 
did not believe in any resurrection, any 
immortality ; death ended all for them. 
There were the Pharisees, who believed 
in a resurrection, but it was a far-off res- 
urrection ; the dead dwelt in a shadow- 
land ; they were disembodied spirits. The 



1902] 



Immortality : An Easter Sermon 



769 



Hebrew conception in this respect was 
not different from the Greek conception. 
There was no activity and no life apart 
from the body. They waited until the 
resurrection morn. The bodies, therefore, 
must be preserved, and the greatest pains 
were taken to preserve them by embalm- 
ment, that when the time came for ihe soul 
to reassume its life it could re-enter the 
body and begin its life again, in some 
future resurrection. This was the faith 
of Palestine when Christ came to the 
earth ; and — I speak with some reserve — 
Christ was the first one ia human history 
to teach the absolute continuity of life. 
I do not find that teaching — I do not say 
that it does not exist, it is never safe to 
utter a universal negative — but I do not 
find that teaching either in pagan or Jew- 
ish literature prior to that time. This 
was the message that Christ brought on 
this subject : Life is continuous ; there is 
not a break ; there is not a sleep and a 
future awakening ; there is not a shadow- 
land from which, by and by, the spirits 
will be summoned to be reunited to the 
embalmed corpses ; life goes on without 
a single break. This was the essence of 
Christ's message. It is true, like all other 
philosophical statements, it must be gath- 
ered from his teaching rather than found 
explicitly expressed in it, and yet it seems 
to me to be clear enough. It is expressed 
by his promises. I give unto you, he 
said, eternal life ; I give it here and now ; 
it is a present possession. The eternal 
life which the Pharisees thought was to 
come in some final, far-off resurrection, 
Christ said, I hand it to you ; it is yours 
from this moment ; you have eternal life 
if you believe in the Son of God. It is 
indicated in what he said to Martha when 
he came to the tomb of Lazarus. He 
said, Your brother shall rise. She said, I 
know he shall rise in the judgment, in the 
last day. Christ said. No, you are mis- 
taken ; he who liveth and believeth in me 
shall never die ; for him who has faith in 
the Messiah there is no death ; I am the 
resurrection and the life. The believer 
takes that resurrection, takes that life, lives 
on with an unbroken life. The thread 
in the weaver's loom is not cut, it simply 
goes out of human vision. That is all. 

Christ himself is about to die, and what 
is his message to his disciples ? Why, 
this : You think I am going to disappear, 



to be as though I were not. Not at all. 
I go back to my Father, and yet in going 
back to my Father I do not go away from 
you. I live, my Father liveth with me, I 
live with him, I live with you, I will come 
again and make my abode with you ; my 
life does not break off, does not carry me 
away from you, I continue to be in your 
presence and companionship more than 
ever before. It is for my advantage that 
I should go, for I am going to my Father ; 
it is for your advantage that I should go, 
because I can serve you better, live more 
with you, be closer to you, than I ever was 
in the flesh. 

This teaching is intimated in the three 
resurrections which Christ wrought. He 
comes to the maiden and says. She is 
not dead, she is sleeping. He takes her 
by the hand and says. Arise 1 He puts 
back the living soul into the tenement. 
Yes, the tent had fallen down, and he 
calls the tenant back, re-erects the tent, 
and puts her in it. He meets the boy 
borne on the open bier. The two strange 
processions meet — one with a jubilant 
throng flocking after the Life-Giver, the 
other a mourning throng flocking after the 
bier — the procession of life, the procession 
of death. He stops them both, and takes 
the young man by the hand and says, I 
say. Arise 1 and calls back the spirit and 
puts it in the frame again, gives the boy 
back to the mother. He comes to Laz- 
arus. The message is the same. " There 
is no death; he is not dead, he is asleep." 
And then when the disciples do not under- 
stand, he says. He is dead. But at his 
bidding they roll away the stone, and 
he calls to Lazarus, as though to indicate 
that Lazarus was not beyond the reach of 
his voice, and the spirit comes back and fills 
again the body and animates it. Lazarus 
not far off, Lazarus not dead, Lazarus 
living and close at hand. 

Finally, he gives it most illustrious ex- 
emplification in his own resurrection. 
He tells them his life will go on, but they 
cannot believe it. When he rises and 
returns to the body, or, if you prefer, 
appears in a spiritual body to the opened 
eyes of his disciples — it makes very little 
difference which hypothesis you take — 
he gives them ocular demonstration that 
he is a living Christ, that it was not in 
the power of Pilate to put him to death, 
that the broken heart did not slay him, 



-m'''^-^ "^ii^r^m 



770 



The Outlook 



[29 March 



1902] 



Immortality : An Easter Sermon 



771 



that he lived on. Thrusting away the 
body did not weaken, impoverish, or 
destroy his life. 

Paul getting his first glimpse of the 
risen Christ in the heavens is always the 
apostle of the resurrection, and this is his 
message from beginning to end : an un- 
broken, a continuous, life. This is the 
meaning of that fifteenth chapter of First 
Corinthians. Not that by and by the 
grave will open and the dead will come 
forth. Not at all. Every death is a res- 
urrection, and the life is independent of 
this earthly body. Paul has argued for 
immortality, and then he says : 

But some one will say, How are the dead 
raised? and with what manner of body do they . 
come ? Thou fool, that which thou sowest is 
not quickened, except it die: and that which 
thOjU sowest, thou sowest not the body that 
shall be, but a bare grain, it may chance of 
wheat, or of some other kind ; but God giveth 
it a body even as it pleased him, and to each 
seed a body of its own. All flesh is not the 
same flesh : but there is one flesh of men, and 
another flesh of beasts, and another flesh of 
birds, and another of fishes. There are also 
celestial bodies, and bodies terrestrial: but 
the glory of the celestial is one, and the glory 
of the terrestrial is another. There is one 
glory of the sun, and another glory of the 
moon, and another glory of the stars ; for one 
star differeth from another star in glory. So 
also is the resurrection of the dead. It is 
sown in corruption ; it is raised in incorrup- 
tion: it is .sown in dishonor; it is raised in 
glory : it is sown in weakness ; it is raised in 
power : it is sown a natural body ; it is raised 
a spiritual body. There is a natural body, and 
there is a spiritual body. 

To make this meaning still more clear 
he adds : " Flesh and blood cannot inherit 
the kingdom of God." If the body were 
to rise, you would only be back where 
you were before. If the body were to 
rise, it would be as if the bird were put 
back into the egg ; as if the butterfly were 
put back into the chrysalis ; as if the full- 
grown man were put back into the cradle. 
If it did rise, it would be a harm, not a 
help. There is a spiritual body ; that is, 
there is a new organism for the new 
function and the new life and the new 
condition. If the flesh and blood could 
rise, there would have to be another death 
before the soul could come into the king- 
dom of heaven. 

I have spoken of the Old Testament 
figures. Contrast with them, for a mo- 
ment, four of the New Testament figures. 
The first i$ sleep. The Psalmist had 



said, "He giveth His beloved sleep." 
The New Testament repeats the figure: 
" Lazareth sleepeth ;" " She is not dead, 
but sleeping." When Stephen falls a 
martyr under the shower of stones, it is 
said of him, ** He fell asleep." This is 
the first figure. The child is weary with 
his toil and sated with his play. The 
long shadows fall aslant the lawn, and the 
mother, wiser than her child, goes out 
and calls him. Fretfully and reluctantly 
he comes, answering her beckoning. He 
does not wish to leave his sports, he 
wishes still to stay, and she takes him to 
her arms and rocks him to sleep, that she 
may fit him for new toil and new happi- 
ness on the morrow. Death is Christ 
standing at the door and saying, Children, 
your work is over and your plays are 
done, and twilight has come ; let me give 
you rest ; — and we, fretfully and reluctantly 
answering the summons, come weeping 
to the grave that will give us what he 
gives his beloved — sleep. 

Death is an exodus. It is said that on 
the Mount of Transfiguration Christ spoke 
of the exodus which he was about to 
accomplish at Jerusalem ; it was as a 
going forth from a land of bondage to a 
land of liberty. The Children of Israel 
are in Goshen. They are fed, clothed, 
housed ; but they are slaves. And when 
Moses comes to summon them, they hesi- 
tate to respond to his summons. They 
dread the Red Sea and the long wilder- 
ness journey, and the experiences through 
which they must pass to the Promised 
Land. But it is a message of emancipa- 
tion and deliverance, nevertheless. We 
are here in a land of Goshen ; in bond- 
age to our flesh. Who does not some- 
times feel the limitations of his own body ? 
Who does not sometimes feel as though 
he could understand the impatient bird 
that wishes to spring from the cage and 
fly away? And death is the voice of 
Moses coming to men and saying, " You 
are to be slaves no longer ; you are to be 
bound by your chains no more ; the land 
of liberty is before you." Death is a 
proclamation of emancipation. 

Death is unmooring. " The time of 
my unmooring," says Paul, " is at hand." 
The ship is fastened to the wharf ; it is 
lying there to be finished. It stknds in 
the stays, and the workmen are still upon 
it with hammer and saw. That i3 what 



we are in this life. No man is ever fin- 
ished. We are here in the making. We 
are upon the stays, where with tool and 
implement, with saw and hammer, we are 
wrought upon — sometimes very much to 
our discontent — until by a long, slow 
process a man is made ; and then when 
the time has come and God is ready, he 
knocks away the underpinning, and the 
ship breaks from its ways out into the 
element which we do not understand, but 
the element for which God is preparing 
him. In Mrs. Gatty's "Parables from 
Nature" is a beautiful puable — I wish I 
could have a congregation of children 
here a few moments and read it to them 
— of the grub of the dragon-fly in the 
water wondering what the world outside 
is, of which it sometimes hears, and feel- 
ing within itself the strange, inexplicable 
yearning that it cannot understand, and 
bidding its companion grubs good-by, 
saying to them, "If there is another 
world, as they say there is, I will return 
and tell you all about it;" and finally 
climbing up out of the water into the sun- 
shine, and emerging from the shell and 
skimming the surface of the water and 
sailing about in the upper sphere around 
the pool, but never able to go back and 
tell what its emancipation has been. 
Death is an unmooring; it launches us 
into oiir true, real element. 

Death is home coming. " In my 
Father's house are many mansions." 
Christ does not mean that in heaven 
there are many different rooms. What 
he means is this : in the universe there 
are a great many dwelling-places ; this 
world is not the only dwelling-place ; you 
are not to imagine that life goes on here 
merely ; in my Father's universe there are 
a great many different dwelling-places, 
and I am going to prepare a place for 
you, that when your time of sleeping, 
your time of emancipation, your time of 
unmooring, comes, you may not come to 
a strange country. Shall we recognize 
our friends in heaven ? I am sometimes 
asked. Well, we certainly shall, if there 
is a heaven. Pearly gates and golden 
streets and magnificent temple and harps 
do not make heaven. Love makes heaven. 
And the love of friends, sanctified, con- 
secrated, reaching up to love of God, makes 
home and will make heaven our home. 
Death is a home-coming. 



So this Easter day my message is the 
old, old message jrou have heard so often, 
but it is worth while to hear it again, at 
least every Easter. Life is continuous, 
there is no break ; the flower is not cut 
off by the sirocco ; the water is not spilled 
upon the ground never to be recovered ; 
the weaver's thread is not cut, broken, 
lost. No 1 Death is Christ saying. Come, 
weary one, and I will give you rest; 
death is Christ saying. Come, enslaved 
one, I will give you liberty; death is 
Christ saying, Come, immigrant, I will 
take you out of the land of your bondage; 
death is Christ saying, Come, lonely and 
solitary one, I will take you to your home. 
There are children waiting for some of 
you ; parents waiting for some of you ; 
friends waiting for some of you ; the hus- 
band is there waiting for the wife, and 
the wife is there waiting for the husband, 
and the pastor is there waiting for many 
a friend ; and when we take the mystic 
ship and sail across the unknown sea, it 
will not be on a foreign shore that we shall 
land, but they that have gone before will 
troop out to welcome us, and we shall be 
as at home. 

Paul says in the First Corinthians that 
the last enemy to be destroyed is death. 
He does not mean that by and by it will 
be destroyed. What he means is this : 
Of all the enemies men have dreaded, 
that which they have dreaded most is 
death, and Christ has destroyed even 
that. We dread it no more. " O death, 
where is thy sting 1 O grave, where is 
thy victory 1 Thanks be to God, through 
our Lord Jesus Christ, which hath given 
us the victory." As on a Christmas Day 
the father attires himself as Santa Claus, 
and comes in, bringing his hands full of 
gifts, and the little children do not know 
him, and are frightened at his coming, 
and cry and run away, so death is but 
Christ disguised— coming to bring rest to 
the weary, liberty to the enslaved, home 
to the one who is lonely in a foreign 
country. Death is destroyed; nay, is 
transformed. Picture him no longer as 
a skeleton with scythe and hour-glass in 
hand. That is pagan. See the cross in 
the one hand and the outstretched palm 
in the other, and hear from his lips the 
invitation, " Come unto me, all ye that 
labor and are heavy laden, and I will 
give you rest, and I will give you life." 



Tuskegee Cotton-Planters in Africa 



773 



Tuskegee Cotton-Planters in Africa 

By J. N. Calloway 

A year and a half ago Mr. J. N. Calloway, one of the teachers of agriculture ^t Tuskegee 
Institute in Alabama, was hired, with three graduates of the Institute, by the German Colonial 
Economic Society to go to the German colony of Togo, in West Africa, to teach cotton culture 
to the natives there. Mr. Calloway, who had been allowed leave of absence for a months 
visit home, has just returned to Togo, taking with him several more young men from Tuskegee, 
skilled in cotton culture, who are to be located among the natives as niodel farmers. This is 
not in any sense an emigration scheme, as all these persons were hired to work at a salary by 
the Colonial Society. To Americans, and especially to all who have followed Mr. Booker 
Washington's work at Tuskegee, it is gratifying to note that the Institute is now sending 
out skilled negroes as instructors in practical knowledge to the land of their fathers. 
When Tuskegee is endowed, as it should be, its present usefulness will be greatiy increased.— 
The Editors. 

tzetzefly there, and it is necessary to 

depend upon native labor. A company 

of native carriers was engaged to take 

our goods inland. Among other things, 

we had taken out from America two 

lumber-wagons — one of them made by 

students in the carriage-shop at Tuskegee 

— one hundred and fifty bushels of cotton 

seed, and a quantity of farming tools. 

We proposed to have the natives put the 

goods into the tw^o wagons and then draw 

the wagons, but to this the natives 

objected. They had never seen such 

vehicles before, and were afraid that they 

would get away and run over them. They 

offered to carry the wagons in on their 

heads, but we finally decided to leave 

them until the horses were sent out later. 

Each native carries sixty pounds of 

freight upon his head, and the journey 

of sixty miles is made in two days. The 

regular pay for a man for this work is 

five shillings— $1.25 — for the trip, and 

he boards himself. The young men of 

our party walked. I was carried in a 

hammock slung to a pole fastened to two 

boards borne upon the heads of four men. 

Some of those who were at the World's 

Fair at Chicago will remember seeing the 

man who was in charge of the Dahomey 

village on the Midway Plaisance being 

borne about in this same way. 

When we arrived at the place where 
our plantation was to be located, the Ger- 
man official in command of that station 
sent word to the native chiefs that I 
wished to engage men to work, and two 
or three days later they and their head- 
men assembled to confer with me. They 
squatted down in a semicircle, and I 
talked with them through an interpreter. 
As a result we had plenty of laborers. 



OUR voyage from Hamburg to Togo 
on a coasting steamer was pleasant 
and uneventful, except that a 
storm, which shook up the cargo consid- 
erably, caused a fire to break out in a 
number of cases of matches. As a good 
portion of our load below deck was made 
up of gunpowder and gin, we did not feel 
quite comfortable until we were sure that 
the fire was put out. I speak of this here 
not so much as an incident of the voyage 
as because it is an indication of the nature 
of too much of the trade with some parts 
of Africa. 

The first place at which our steamer 
stopped so that we could go ashore was a 
town in Portuguese territory which once 
was a center of the slave trade. The 
town is surrounded by a high brick wall, 
and the gates in this wall are tightly 
closed at night even yet, on account, we 
are told, of the ill feeling which the natives 
still have towards the Portuguese as a 
result of the slave trade. It seems quite 
certain that the ancestors of at least two 
of our party were brought from this part 
of Africa. 

Lom^, the seaport of Togo, is a neat 
German town with broad streets. Togo 
is about as large as the State of North 
Carolina. It lies upon the north coast of 
the Gulf of Guinea. It was decided to 
locate our plantation near a German 
station called Misahohe, sixty miles in- 
land. The natives, under the pay and 
direction of German officers, have built 
good roads through much of the colony, 
and if we had had a buggy and anything 
to draw it we could have driven easily 
the whole sixty miles. So far, though, 
neither horses nor oxen have been able 
to withstand the effects of the bite of the 

772 



I 



We laid off one hundred acres of ground, 
which, like most of the ground there, was 
covered with a dense growth of stout 
grass, in many places twenty feet high. 
Men cut this grass and then dug up the 
ground with stout spades. Women and 
children shook the dirt out of the grass 
roots and piled the roots up to be burned. 
The wages paid ranged from ten to twenty 
cents a day, and the people boarded them- 
selves. The natives seemed to me to be 
willing to work, considering how little 
accustomed they have been to steady 
employment, and how easy it is to exist 
there with little labor. They seemed in- 
terested in the new methods of work 
which we employed, and I think they will 
be glad to learn them. As a general 
thing, they are a happy people, easy to 
get along with. They are fond of sing- 
ing, and if therp is a hard piece of work 
to be done, it pays to hire one man to sit 
down by the field and beat a bass drum. 
Then the others will sing an accompani 
ment and work. It seemed to me that I 
saw a resemblance between their music 
and the plantation melodies of the colored 
people in the South. 

At first I leased the land we cultivated, 
but later I bought this and four hundred 
•acres more, so that now we have five 
hundred acres. I paid about one hun- 
dred and fifty dollars for the whole of 
this, but that was considered a high price. 
A missionary who had a station very near 
us occupied a piece of over a hundred 
acres of land for which he had paid only 
seven dollars. The land is all owned by 
the natives unless it has been bought 
from them by some one, or, as in a few 
cases, confiscated by the German Gov- 
ernment for some misdemeanor. Of 
course there have been no written records 
until the Germans occupied the colony in 
1884. 

The people who live inland are called 
" Bushmen," but this is simply to distin- 
guish them from those who live on the 
coast ; it does not mean, as I had thought, 
that they lived by themselves in the forest. 
Instead of that they live in small villages. 
Their homes are mud houses usually about 
six by eight feet square. Their house- 
hold furniture consists of a mat to sleep 
on and a few pots to cook in. The men 
are apt to have more than one wife. It 
is rare that a Bushman has more than 



four wives, but I heard of a trader who 
had nine. The traders' wives are quite 
commonly employed in the business of 
their husband. They do not live in any 
one place, but are located at various 
points — sometimes as much as a hundred 
miles away — where they act as sub-agents 
and saleswomen. Each Bushman's wife 
has a house to herself, and her own farm 
to carry on. The women and children 
do most of the work of cultivating the 
fields, although the man of the house — or 
houses rather — sometimes has a patch of 
land also that he takes care of when he 
is at home. His farming is apt to be 
interrupted by trips to the coast to act as 
a carrier, since for this work he receives 
money or its equivalent in goods. As so 
much more freight comes into the colony 
than goes out, the rate going to the coast 
is much lower. A man thinks himself 
lucky if he can find a load of palm kernels 
or something of that kind to carry 
down, and is glad to carry sixty pounds 
the whole sixty miles out for two shil- 
lings, instead of the five shillings which 
he will get for bringing the same weight 
back. 

The fact that wives are bought makes 
girl children at a premium, and girl babies 
are more welcome than boys. A girl is 
often betrothed or sold by the time she is 
five years old to the father of a boy for 
his son's wife when she gets old enough. 
In such case as this, though, rot mere 
than $1.25 is paid for her, as there is 
always the danger of death or accident. 
A good-looking girl of marriageable age 
is worth as much as seven dollars. If 
she is a very good-looking girl, or espe- 
cially desirable for any reason, the father 
is apt not to be willing to sell her to a 
Bushman, but to look about for a clerk or 
trader who will be able to pay as high as 
fifteen or twenty dollars, or perhaps even 
more, for a desirable wife. The women 
do not always get on well together. Not 
so very long ago a young woman, the 
wife of a trader, came to our house to 
sell silk handkerchiefs. She was so 
unusually good-looking and intelligent 
that her husband had paid sixty dollars for 
her. She took quite a fancy to one of 
the young men who went over with me, 
and tried to induce him to buy her. She 
said that the reason she did this was that 
her husband had several other wives and 



774 



The Outlook 



[29 March 



she did not like to be one of so many ; 
she wanted to be a man's only wife. 

There are German Protestant and Catho- 
lic missionaries in the colony, and a con- 
siderable number of native missionaries 
trained by these people, and some of them 
by English missionaries who were there 
formerly, I think. The man of whom I 
have spoken, whose place is near ours, 
was one of the last-named class. These 
teachers have not only trained the natives 
in religion and in books, but also in the 
trades. For instance, if I want a suit of 
clothes, I send my " boy " to a town called 
Kpalime, one hour's journey from our 
place. By noon the tailor is at my house 
to take my measure, and in a few days he 
delivers the clothes. Kpalime is a town 
of about one thousand inhabitants. There 
are only two white men in the place, both 
German traders. The tailor and the 
other tradesmen either learned their trades 
of the missionaries or else from some one 
who did learn of them. 

Europeans and Americans wear the 
thinnest possible underclothing, and then 
a suit of thin white cloth or of khaki 
cloth. The native men wear a loin-cloth 
and another cloth which they wrap about 
them, something like a Roman toga. 
When on the road, they take this cloth off, 
and, rolling it up into a sort of turban, put 
it on their heads as a cushion on which 
to rest the burdens which they are carrying. 
By the time the children are four years 
old they begin to practice carrying bur- 
dens on their heads. Largely as a result 
of this exercise, I think, they are a 
superbly straight and muscular people. 
The women wear a cloth draped about 
the hips, and sometimes another cloth 
wrapped just beneath the arms. All go 
barefooted, unless it is for a sandal. I 
did not see a pair of stockings worn by a 
native all the time I was in the colony. 
This bareness of dress does not mean 
poverty so much as adaptation to the cli- 
mate. I have seen many women with 
only two cotton cloths on, weighted down 
with heavy chains and bracelets of gold ; 
while frequently, especially on the coast, 
a barefooted woman will have a piece of 
beautiful silk wrapped around her body 
and an elegant India shawl thrown about 
her waist. When a woman is sold in 
marriage, the money paid does not go to 
the father alone, but is divided up among 



all the kin, and if, as is often the case, 
the purchase price includes a portion of 
gin, the entire family joins in the celebra- 
tion that follows. 

A part of the natives are Mohammed- 
ans. These are mostly those who have 
migrated to this colony from the Niger 
River country in the north. The Bush- 
men are pagans. They have two deities — 
one a supreme being who is good, and 
who, because he is good, they dare to 
neglect. The other is half good and half 
bad. This god seems to take the place 
of the popular conception of a devil. 
They try to propitiate him at times, espe- 
cially if they are in trouble or have met 
with any misfortune. Each community 
has a sort of priest to this god. An im- 
age of this god is made of mud, in a little 
thatched hut of branches, and offerings 
are placed before it. In general, though, 
the people show how little real respect 
they have for this god by trying to cheat 
him with things which they would not eat 
themselves. When a person dies, he or 
she is buried and the dirt tramped down 
until the grave is obliterated. Then, if 
the dead person has been some one of 
prominence, or rich enough so that the 
estate affords it, powder is fired off, cases 
of gin are bought and opened, and there 
is a general feasting and celebration. 
Inheritance of property is from a man to 
his nephew — his sister's son — and not to 
his own son. 

At the place where our plantation was 
located, there was only our own house, 
the establishment of the " Station Master " 
-—which is as near as I can translate the 
title of the German official — barracks for 
his soldiers, and two small native vil- 
lages. The territory over which this 
officer had jurisdiction was about twenty- 
five miles square. He had one hundred 
soldiers. All the soldiers are natives 
under German officers. The soldiers 
have good rifles. The natives are allowed 
to have only old flintlock muskets for 
firearms. Our house was of mud, built 
by setting poles up in the ground, weav- 
ing palm-branches back and forth be- 
tween the poles, and then plastering all 
thickly with mud. The roof was of 
grass, as this is cooler and cheaper than 
iron or wood. Although the rains in the 
summer there are severe, the roof never 
wets through, nor does it need replacing 



1902] 



Anne : A Story ®f Old Salem 



89 



at Port Royal. So that, whenever and 
wherever he thrust out at carriage door his 
gold-headed malacca and white-stockinged, 
gouty leg, while the postilion stood at the 
crested panel profoundly congeeing, some- 
thing of his bars of gold and the military 
glory he had won still descended from the 
chariot with him. 

Sir William Phips was angry on the 
evening of the second of August when he 
broke the seal of my packet and came on 
the following letter : 

Salem, July 30, 1692. 
My dear Sir William : 

I despatch these few scrabbled lines by my 
son to say, that I doubt not but that matters 
in your absence go beyond what your Excel- 
lency would approve. Within the fortnight 
after your departure, Bridget Bishop was put 
to death for the nefandous crime, protesting 
to the very last her innocence ; and since that 
time several. In some cases we see through 
a glass darkly, and cannot surely say if they 
were guilty or no. But in the case of a 
woman this day sentenced, meseems there 
exists no reasonable ground for doubt. This 
woman hath ever had the good report of all 
who know her, as the enclosed signed and 
sworn depositions testify. 'Tis inconceivable 
to me how she should have fallen under the 
accusation of doing the things forbidden, save 
the Archenemy put it into the hearts of some 
to say all manner of evil against her falsely. 
By this circumstance it will be seen to what 
an excess matters are at present carried, that 
even my Lady Phips herself is cried out upon 
for a witch by several witnesses who have 
appeared before us sitting in the court at 
Salem. I doubt not that in view of these 
things your Excellency will see fit to shew 
mercy unto the unhappy guiltless woman who 
now lies in jail awaiting the day of her execu- 
tion. The time set is noon of the sixth of 
August; and so it will be seen that in case 
your excellency should see fit to interpose, 
there is need of the utmost expedition, that 
the pardon may not arrive too late. 

I will say no more than to subscribe myself. 
Your Excellency's most humble and 
obedient servant, 

Timothy Trevelyan. 

To Sir William Phips^ Esq., Governor of 
thi Province of Massachusetts Bay, 

Sir William brought his clenched fist 
down on the little pine table so that the 
candles jottered ; and a glittering handful 
of the artisans* pay that lay on the table 
hopped jingling to the bearskin tent-rug. 
Only his blush-faced striphng of an orderly 
and myself were by. 

"By the Lordl" he cried, " Fd ought 
to ha' known Stoughton would — My 
Lady Phips, is it ? Ha 1 we'll see if she 
be a witch or nol — By the King's 



beard! I'll write a pardon this minute 
with my own hand, that there may be no 
mistak4ng — You can start wuh it at 
daylight — The inkhorn, sirrah! — So; 
he thinks to play the little Nero, does 
he, while I'm gone? I care not if I am 
out of the colony-limits. Tell him, wher- 
ever I go, I carry the King of England 
with me — And when I get back Til 
make him feel it ! — He shall find out 
if Sir William Phips be governor or 
no 1 — Give me ! — The quill's bad, 
sirrah; can't you see? Another! — 
Steady the leg of the table, there — this 
hand trembles so — my Lady Phips a witch, 
ha! — Stoughton, you — I've broke m^ 
nib ; fetch me another — * their Majes 
ties ' — * defenders of the faith ' — * by th» 
authority in me vested ' — ' wholly acquit, ab 
solve, and pardon ' — * witness hereunto m^ 
hand and seal, William Phips, Governor '— 
and by heavens, that's what I am ! — Sol 
to-morrow at earliest daylight, sir, you'll 
take this, and ride hell-bent with it, and 
spit it in the face of William Stoughton 
there at Salem ; and tell him if he allow 
one word more to be breathed against my 
Lady Phips, when I get back again I'll 
carve him up in little pieces so fine the 
geese on Boston Common can't find 
'em — You'll be needing a fresh horse 
to-morrow; I'll give orders — What, 
that little spindle-shanked filly ? All this 
way in three days, and take you back in 
three more? Impossible! — Not to-night I 
not to-night 1 Are you stark mad, man ? — 
It's pitch dark ; and the Indians I — You 
infernal fool !" 

For I was out of the tent and mounting 
the little brown mare. 

On the third morning from that time, 
the little brown mare, a useless cripple, 
was turned out to pasture for the remain- 
der of her days; and they bore me, 
though sick of a fever, to the town-house 
in my mother's sedan-chair, with the writ 
of pardon clenched in my hot hands: 
because I had a furious notion it should 
not be surrendered to any but William 
Stoughton in his own person. He sent a 
messenger out of court to fetch it, buc I 
would let no proxy have the precious doc- 
ument; and finally the great man must 
come himself to the flowered crimson cur- 
tains of my chair. And from his face of 
belluine rage as, finished with reading, he 



90 



The Outlook 



[3 May 



cried, " We were in a fair way to have 
cleared the land of these!" it was eight 
delirious days, I have been told, to the next 
face that I remember. And when at the 
end of those eight days I saw that face. 



for a moment I thought I was come 
among the angels ; but no 1 for there are 
no tears in Heaven. It was the face of 
Anne, weeping by the bed I had slept in 
since a child. 



Have the Standing Rock Indians been 

Fairly Treated? 

A Reply to Commissioner Jones's Letter' 

By George Kennan 



I HAVE read attentively the reply 
of the Indian Commissioner to my 
recently published article. I shall 
refrain from expressing any opinion with 
regard to its merits as a defense, because 
1 do not wish to be discourteous ; but I 
will take up, in their order, the points 
that Mr. Jones attempts to make, and 
briefly consider them. 

1. He defends his illegal " permit- 
system order" of October 9, 1901, by 
saying that the reservation was overrun 
by trespassing cattle, and that it was 
better, in the interest of the Indians, to 
collect a dollar a head from the owners 
of such cattle, under the permit system, 
than to let the "freebooters*' get their 
pasturage for nothing. I am not pre- 
pared to admit that illegal action on the 
part of the trespassers justified the De- 
partment in condoning and sanctioning 
the illegality by accepting payment from 
the wrong-doers ; but it is not necessary 
to go into the merits of that question, 
inasmuch as there is very great doubt as 
to the existence of the alleged evil. The 
Indians themselves have never complained 
of " freebooters ;" I have not been able 
to find a single reference to trespassing 
cattle in the reports of the Standing Rock 
agents to the Indian Office ; trustworthy 
persons who have just come from the 
reservation assure me that there are very- 
few, if any, trespassing cattle within its 
limits. Agent Bingenheimer said, less 
than a year ago, " You can ride across 
the country for days and never see a 
critter'* (Sen. Doc. 212, p. 91); and Mr. 
Jones himself declared, on the 23d of 

« The letter of Commissioner Jones to which this articte 
is a reply appeared in The Outlook daied April 29. 
Mr. Kennan's first article was printed m The Outlook of 
March 29 last. 



last January, before the Senate Committee, 
that " there is a lot of idle land there 
which is used neither by the Indians nor 
by anybody else^* (Sen. Doc. 215, p. 67). 
I find complaints of trespassing cattle in 
the reports of agents on other Sioux 
reservations — particularly Cheyenne River 
and Rosebud — but not one from Standing 
Rock. If the cattle were there, why did 
not the Indian Office have them removed ? 
Removal, apparently, would not have been 
difficult. Agent McChesney reports to 
the Commissioner that his farmers, with 
the aid of a few Indian police, removed 
8,000 trespassing cattle from the Rose- 
bud Reservation in 1899. (Rep. of the 
Indian Commissioner for 1899, p. 341.) 
There are nearly 4,000 Indians on the 
Standing Rock Reservation, and they own 
1 0,000 horses. Is it conceivable that they 
could not have driven off the trespassing 
cattle if there were any there ? And is it 
probable that they would have submitted 
to such a trespass without protest if it had 
any real existence ? 

The Commissioner assured the Senate 
Committee that there have been for years, 
and are now, more trespassing cattle on 
the Standing Rock Reservation than it is 
proposed to put on under the leases. 
(Sen. Doc. 212, p. 18.) As Lemmon and 
Walker, under the terms of the leases, 
are to have a right to put one head of 
stock on every forty acres, or 30,000 head 
on the 1,200,000 acres of leased territory 
(Sen. Doc. 212, p. 46), the Commissioner's 
statement to the Senate Committee is equiv- 
alent to an assertion that there are more 
than 30,000 trespassing cattle on the reser- 
vation now. How does he propose to 
reconcile this assertion with his other state- 
ment that " there is a lot of land there 



1902] 



The Standing Rock Indians 



91 



which is used neither by the Indians nor 
by anybody else,'' and with Agent Bmgen- 
heimer's assertion that " you can ride 
across the country for days and never see 
a critter " ? 

As a matter of fact, the Standing Rock 
Reservation is not overrun by trespassing 
cattle now, and it never has been. This 
defense of the illegal " permit-system 
order," therefore, is a breastwork of straw. 
2. In a letter from New York to Assist- 
ant Commissioner Tonner, written on the 
15th of May, 1901, Mr. Jones expressly 
said that he could not inaugurate the 
permit system without the Indians' con- 
sent, and directed the Assistant Commis 
sioner to ascertain from Agent Bingen- 
heimer, by telegraph, whether the Indians 
had not ** experienced a change of heart " 
in the matter. If they had— that is, if 
they would consent — he "would issue 
permits at once " (Sen. Doc. 212, p. 63). 
He now says, in reply to my article, that 
the Indian Office ** did not contemplate 
securing the consent of the tribe " for 
the inauguration of the permit sj^stem, 
*' neither did it require such action." In 
May last he said he must have the lu- 
dians' consent, and now he says that he 
didn't need it and had no idea of asking 
for it. Which statement is true? It is 
hnrdly possible that both can be true. 

But there is another point of that per- 
.p-^it-system order upon which Mr. Jones 
contradicts himself. The last sentence 
of the order reads as follows : " Due care 
should be taken by you " (Agent Bingen- 
lieimer) " not to admit such number of out- 
side stock as to overgraze the lands." If 
this means anything, it certainly means 
that the Commissioner expected the order 
to result in the bringing in of " outside 
stock." He now says, however, in reply 
to my article, that " there was no proposi- 
tion nor intention to invite cattlemen to 
bring in additional numbers of cattle for 
grazing purposes ; it " (the order) " sim- 
ply provided that a tax of %\ per head 
should be paid for grazing " (trespassing) 
*' stock already on the reservation." The 
order says outside cattle are to be brought 
in ; but his reply declares that there was 
no intention to bring outside cattle in. 
Which of these statements is true ? 

If there were no trespassing cattle on 
the reservation, the permit-system order 
-which frightened and coerced the Indians 



into an agreement to lease cannot be jus- 
tified or excused on that ground. If there 
was no consent on the part of the Indians, 
it was in violation of a treaty obligation. 

The only other defense set up by the 
Commissioner is that "the end sought 
justifies the means." Morally and legally, 
that is a very shaky proposition in any 
circumstances, and it is far from consti- 
tuting a good defense when the " end 
sought " was the acquirement, in the in- 
terest of a cattle syndicate, of lands that 
the Indians had refused to give up, and 
the " means " were a broken promise and 
a violation of a guaranteed right. The 
testimony given before the Senate Com- 
mittee shows conclusively that the consent 
of the Indians to lease their lands was 
obtained from them by means of the coer- 
cive influence of this illegal permit-system 
order. They consented to lease, not be- 
cause they wanted to do so, nor because 
they were willing to do so ; but because 
they were, as they said, " under pressure," 
and could escape the permit system in 
no other way. Metaphorically speaking, 
their consent was obtained with a club. 
(Sen. Doc. 212, pp. 51-53.) 

3. The next point of the Commission- 
er's reply raises the following question : 
When the Indians gave a qualified con- 
sent to lease — that is, a consent to which 
certain stipulations and conditions were 
attached — had the Department discretion- 
ary power to ignore all the conditions and 
still hold the Indians to the consent? 

The Commissioner says that '' the coun- 
cil proceedings" (the conditions of the 
consent) " were in no sense an agreement, 
unless it be an agreement among the 
Indians themselves, to which the Depart- 
ment is in no sense a party." As a legal 
proposition, and in a very strict sense, 
that maybe true ; but in the circumstances 
of this case it amounts to an assertion 
that the Indians have no right or power 
to attach any stipulation whatever to their 
consent to lease lands. They may not 
say that they will lease only unoccupied 
lands ; nor that they will lease only one- 
third of their reservation ; nor that they 
will lease only a certain specified town- 
ship. If they once consent to lease a 
single acre as pasturage for one small 
foreign calf, the Department, in its discre- 
tion, may take away from them a whole 
million acres, throw that million-acre 



92 



The Outlook 



[3 May 



tract open to foreign cattlemen, and then 
say to them (the dissatisfied Indians), 
** Your council proceedings, by which you 
attempted to limit the amount of land you 
would lease, have no binding force as 
against the Department It is true that 
we can't take a single acre of your reser- 
vation without the * authority of your 
council speaking for you ' " (Act of Con- 
gress of February 28, 1891), "but if you 
once consent to lease that single acre, we 
can throw open to cattlemen as much of 
your territory as we think best — occupied 
or unoccupied — and upon such terms as 
we choose." 

That may be good law, but it strikes 
me as a very dubious proposition from an 
ethical point of view. The Act of Con- 
gress which authorizes the leasing of 
Indian lands reads as follows : 

" Where lands are occupied by Indians 
who have bought and paid for the same, 
and which lands are not needed for farm- 
ing or agricultural purposes, and are not 
desired for individual allotments, the 
same may be leased by authority of the 
council speaking for such Indians, for a 
period not to exceed five years for grazing 
or ten years for mining purposes, in such 
quantities and upon such terms and con- 
ditions as the agent in charge of such 
reservation may recommend, subject to 
the approval of the Secretary of the In- 
terior." (Act of Congress of February 28, 
1891.) 

I do not know whether this law has 
ever been judicially construed or not; but 
its intent would seem to be to give the 
Department a certain supervisory control 
over the decisions of the Indian councils 
in the matter of land, wuth a view to re- 
straining such councils when they show 
a disposition to lease their lands injudi- 
ciously, in too large quantities, or at a 
foolishly low price. Its object was to 
protect an inexperienced and naturally 
improvident people from exploitation by 
the whites. Congress, apparently, in- 
tended to say : " You may lease, for your 
own benefit, such parts of your lands as 
you do not need ; but you must act in such 
matters through your council, and its 
decisions, as to the quantity of land to be 
leased and the terms of payment therefor, 
are subject to Departmental supervision 
and control." It seems to me extremely 
improbable that Congress intended to give 



the Interior Department power to lease 
two million acres of land that the Indians 
had ** bought and paid for," when the 
council had agreed to lease only one-third 
of tha^ amount, and to turn cattlemen 
and their cattle into the occupied parts of 
the reservation when the council had con- 
sented to lease only the unoccupied parts. 
4. But there is another aspect of the 
case that should have attention in connec- 
tion with the Commissioner's plea that the 
conditions of the Indians have no binding 
force on/ the Department. After being 
frightened by the threat of the permit 
system, the Indians were finally induced 
to consent to a lease by certain promises 
and representations made to them by the 
Department's agent. Mr. Bingenheimer 
admitted, before the Senate Committee, 
that the Indians agreed to lease only their 
unoccupied lands ; that he " did not pro- 
pose to lease anything they wanted to 
use;" that he distinctly promised them 
that the unoccupied land should be deter- 
mined and its boundary fixed and staked 
out by a commission to be composed of 
three representative Indian chiefs and 
• himself ; and that this promise or agree- 
ment had not been fulfilled. (Sen. Doc. 
212, pp. 84, 85, 89, and 90.) If Mr. 
Bingenheimer did not report these prom- 
ises and representations to the Indian 
Office, and did not inform the Commis- 
sioner that the Indians were relying on 
them, he dealt unfairly not only with the 
Indians but with the Department whose 
agent he was. If, on the other hand, he 
did report them, and they were found 
objectionable, the Department should have 
disavowed them and given the Indians a 
chance to recall their consent. It may 
have been legal, but it certainly was not 
fair, to hold the Indians to their consent 
and at the same time repudiate the Bin- 
genheimer promises by means of which 
that consent was obtained. This was 
evidently the view of Senator Jones (of 
Arkansas), who said before the Senate 
Committee: "The law requires that the 
consent of these Indians shall be had 
with regard to whatever shall be done 
with this land ; and the statement was 
made by the Agent that the Indians, in 
their council, provided that a committee 
should be appointed to designate what 
were the unoccupied lands ; and there can 
nothing else be done under the law in 



1902] 



The Standing Rock Indians 



93 



regard to this agreement . . ." The 
committee was to point out to the Agent 
what was unoccupied land. " When you 
go out" (addressing Commissioner Jones), 
"you point out a lot of land they have not 
designated, and you say if there are some 
who do not want to stay in it, they may 
fence off their land." (Sen. Doc. 212, 
pp. 89 and 87.) 

This was evidently the view also of 
Senator Stewart, the Chairman of the 
Senate Committee, who said : " The 
Indians were to lease unoccupied lands, 
and it was their understanding that there 
was to be a committee of three appointed 
to designate them. That should be car- 
ried out." 

5. The question that now presents 
itself is, " Why were the promises made 
by Agent Bingenheimer not fulfilled, and 
why did he not go out with the Indian 
committee last fall to fix and stake out 
the boundary of the * unoccupied land ' 
as he agreed?" The Commissioner's 
reply throws no light upon this question, 
but I can answer it, if he does not. The 
boundary-lines of the territory to be 
leased had been fixed in the Indian Of- 
fice, and the leases had been drawn and 
printed before the Indians gave any con- 
sent whatever to lease any part of their 
lands. The Commissioner felt so sure, 
apparently, that the threat of the permit 
system would bring the Indians to terms 
that he decided what part of their reser- 
vation he would give to the cattlemen, 
fixed the boundary, drew up the lease or 
leases, and then ordered Agent Bingen- 
heimer to call a council and get the 
Indians' consent to a cut-and-dried scheme. 
This, at least, is the explanation given 
by Mr. Bingenheimer himself, who now 
declares that his promises to the Indians 
were made in good faith, but that he 
could not fulfill them because the Com- 
vnissioner took the whole matter out of 
his hands. With reference to his appear- 
ance before the Senate Committee in 
Washington last February, Mr. Bingen- 
heimer now says : " I could only say what 
the Commissioner would let me say, and 
only know what he allowed me to know. 
If I had been free to speak, I could have 
told a whole lot." The fact that the 
interesting and valuable information 
which Mr. Bingenheimer evidently has 
with regard to this leasing business was 



I it drawn out of him by the Senate Com- 
mittee on Indian Affairs is only another 
proof that, as I said in my first article, 
the proceedings of that Committee were 
**so unsystematic, inconsecutive, and in- 
conclusive as to leave almost everything in 

doubt." 

Senator Piatt objects to my statement 
of this case. He is a man of unimpeach- 
able integrity and honesty of purpose, and 
he evidently believes that I am misled, if 
not misleading; but if he had co-operated 
with Senator Jones, and had asked Agent 
Bingenheimer a few searching questions, 
he might have brought out the ** whole 
lot " that the Agent says he could have 
told, and might thus have furthered the 
cause of justice and National honor. It 
was perfectly evident that the Indians 
were not getting " a square deal " at the 
hands of Mr. Jones, Mr. Bingenheimer, 
or both, and it was the duty of the Senate 
Committee to ascertain why. 

The reason for the failure to keep faith 
with the Indians has been given by Agent 
Bingenheimer since my first article was 
written. On the 22d of March Commis- 
sioner Jones telegraphed the Agent to 
let Mr. Lemmon proceed with the build- 
ing of his fence, on a line that would 
inclose thirty or forty Indian houses and 
a considerable part of the Indians' Grand 
River lands. As soon as the work began, 
the Indians called a council to protest 
against the fence-building, and asked Mr. 
Bingenheimer to be present and explain 
why he had not kept his agreement to go 
with them and run the line that this fence 
should follow. The council was held on 
the 1 2th of this month— the very date of 
Mr. Jones's reply to my article — and was 
attended by all the leading chiefs and 
most of the male Indians in the central 
part of the reservation. The proceedings 
were, in part, as follows : 

Agent Bingenheimer— I have come here, at 
your request, to hear what you have to say. I 
am told that you do not want Lemmon to go 
on building his fence. 

Thunder Hawk— Last spring we had two 
councils. You asked us to lend our land to the 
railroad. We did not wish to lease. We 
thought we had a right to refuse. The Com- 
missioner frightened us by threatening to turn 
cattle loose upon us. Then, in the fall, you 
called a third meeting. We were helpless. 
We wanted to do the best we could to protect 
ourselves, so we agreed to lease thirty miles 
square on the northwest corner of the reserva- 



94 



The Outlook 



[3 May 



tion where there were no houses. This council 
chose three men— Louis Primeau, Antoine 
De Rockbrain, and myself— to go with you 
and designate the lines. You said that you 
would meet us here, at Bull Head Station, and 
that you would go with us. We waited, but 
you did not come. We thought that when 
we had laid out the lines we should have an 
open council ; that you and Lemmon would 
meet us and read the contract to us, and that 
we would then, together, come to an agree- 
ment like men. 

Agent Bingenheimer— You are right, and I 
fully intended to do as you say. But right 
now, before all these people, let me say that 
if it had been left for me, I should have done 
just as I promised. But it was not left to you 
nor to me. Before I had submitted a report 
of that council to the Department, I was told 
that the Commissioner had made out the leases, 
and they were printed. I could do nothing. 
Those lines were run in Washington ; your 
council had nothing to do with it. I did not 
send the council proceedings [to the Commis- 
sioner] until after the leases had been made 
out and the boundaries settled. I had noth- 
ing to do with it. . . . The reason that I did 
not go out with you to lay out the lines is 
because it was taken out of my hands by the 
Commissioner. I could not keep my promise 

to you. 

Weasel Bear— The promise was that we 
lease only unoccupied land ; that no man's 
homestead should be disturbed; that the 
leases should run so as not to interfere with 
the men who have built substantial homes. 
We do not know where the lines run, or how 
much land you have given Lemmon ; but we 
do know that at least thirty-five of the Bull 
Head families are surely in the pasture, who 
went there to settle on land that they intended 
to take as allotments. These men do not 
want to abandon their homes. We forbid 
Lemmon to build a fence that will inclose 
these homes. The delegates who went to 
Washington put our case into the hands 
of lawyers. As we now understand, there 
has been no report made to us by these law- 
yers that we have lost our case. We were 
told to await the decision of the white man's 
court. If we can wait patiendy for your 
courts, why should the Commissioner, who is 
holding such a high office under the President, 
be permitted to ignore your courts, and order 
Lemmon to build the corral around our peo- 
ple while the case is pending? We forbid 
Lemmon to build the fence. 

Agent Bingenheimer— How are you going 
to live ? Your rations are now so small that 
they do not half feed you. You need every 
dollar you can get. ... I hope you under- 
stand that your rations were cut down last 
year fifty per cent. They will be cut again 
the first of July fifty per cent. . . . You have 
not enough to eat. What are you going to 
do ? See these old people ! They will starve 
if they do not have a full ration. You cannot 
live on the rations the Government will give 
you. You will have to work, and you can't find 
much work to do. This Lemmon lease wil 
pay seven dollars a year per capita. If I tell 



the Department that you do not have enough 
to eat, they will say that you had land to spare 
and would not lease it, and so I shall not be 
able to do anything for vou. You ought to 
lease it to get this seven clollars a year. You 
will need it. Your rations are only half now 
what they were a year ago, and in July will 
be cut in two again. How can you live ? 

Weasel Bear— It is not money nor rations 
that we are considering. We are standing by 
our rights as men. This is our land, and we 
are the ones to decide what part we shall 
lease, or whether we shall lease anything. 

Agent Bingenheimer— You are not leasing 
this land for nothing. You get big pay— seven 
dollars per capita yearly. You need this 
money. You have not enough to eat now. 
Look at your old people. They will starve 
on less than full rations. 

One Bull— If I am stronger than Weasel 
Bear, and I go to him and say, " You have a 
good farm ; I want it. You must let me have 
it," Weasel Bear says, " No, I settled on this 
farm to make a home for myself and my chil- 
dren. I have gathered property about me, 
and I am settled for good. In a few years I 
can support my family comfortably." I insist ; 
I say, " That has nothing to do with the case. 
I do not want your place for nothing— I will 
pay you for it." Now, because I am stronger 
than Weasel Bear, though I will pay him well, 
would it be just or right or manly for me to 
drive him off and take his home ? I say No ! 
It is wrong ! He does not want my pay. He 
wants his home, because it is his, and it is his 
right to refuse to sell or lend. We want to be 
treated like men, not driven like dogs. We 
came to the courts in Washington. We left 
our case there. We thought the courts would 
rule wisely and justly. As the courts had 
taken our case, we thought we were recog 
nized as men; but now the Commissione 
shows us that the white man's court is no 
better than his word ; and while our case is in 
court, not yet settled, he orders Lemmon to 
go ahead and corral us. We are not brutes ; 
we will not submit. Tell Lemmon to stop 
building the fence. Respect our manhood 
and we will obey the laws. We will lease the 
part that we selected. The land is ours. We 
will lease the northwest corner, and will go 
with you to make the boundaries, and in open 
council hear his offer and draw up the con- 
tract together. We forbid Lemmon to go on 
with the fence. 

Agent Bingenheimer— I will write at once 
to the Commissioner, but I am afraid I can 
do nothing. You may sell fence-posts to 
Lemmon at six and one-quarter cents apiece, 
and you may haul the wire which is now at 
Evarts and will soon be at Fort Yates. You 
can earn a great deal of money in that way, 
and you people, not having enough to eat, 
ought to be glad to earn so much money. 

One Bull — We are Indians and cannot live 
without wood and water. In winter we can- 
not live upon the high plains and keep our 
herds. We have to live along the streams, 
where there are ravines and brush and shel- 
tered spots and wood and water. This lease 
will deprive a great many people of their shel- 



1902] 



The Standing Rock Indians 



95 



tered homes. Streams and wood are scarce. 
AVe will not lease the best of our land. We will 
never consent to have our brothers corralled 
like cattle. We are men like you. Take the 
committee and go out with them and decide 
where Lemmon shall build his fence ; we will 
agree to that. 

After these speeches had been made, as 
well as short addresses by Grey Eagle, Rose- 
bud, and Wakutemani — all to the same effect— 
Wakutemani said : "We ought to close this 
meeting by a rising vote on this protest." 

Agent Bingenheimer— All willing for Lem- 
mon to go on, arise. [Not one arose.] All 
who protest and wish me to write the Com- 
missioner to stop Lemmon, arise. [The whole 
houseful arose, without a single exception.] 

Rosebud — We desire to have our mission- 
aries see the letter. We have decided, by a 
unanimous vote, that no more papers, con- 
tracts, etc., are to be signed by us until first 
seen by our missionaries. 

Agent Bingenheimer — Who are they ? 

Rosebud— Father Bernard, Winona, and 

Mr. Deloria. 

Agent Bingenheimer — I cannot do that. I 
will send just as strong a letter as I can ; but 
I will not submit my letters to any one. How- 
-ever, I will give you a copy and they can see 

the copy. 

Rosebud — We do not mean that we can- 
not trust you, but we feel safer if our mission- 
aries see what is said to be our expression ; 
and if they have a copy they cannot say in 
Washington that we never said it, or that we 
said something else. 

The meeting then closed. 

I invite Senator Piatt's attention to the 
proceedings of this Indian council, held 
only two weeks ago? and would like respect- 
fully to ask whether, in his judgment, they 
are the reflection of a square, honest deal 
on the part of the officers of the United 
States ? These Indians are not loafers or 
idlers. According to the report of Com- 
missioner Jones for 1900, they raised that 
year 3,491 bushels of oats, barley, and 
rye; 19,971 bushels of corn ; 10,016 bush- 
els of vegetables, and 21,799 tons of hay. 
They cut 2,376 cords of wood, and trans- 
ported from distant railway stations 2,332,- 
000 pounds of freight. They owned at 
that time 10,082 horses and 12,213 cattle. 
{Report of the Indian Commissioner for 
1900, pp. 668-699.) 

They seem to have done their level best 
to earn their own living on a semi-barren, 
semi-arid reservation where there is little 
work to be had ; where agricultural crops 
fail two years out of three on account of 
drought ; and where cattle-raising is almost 
the only possible industry. Instead of 
recognizing their efforts to do what they 



can while they are accumulating enough 
cattle for self-support, the Indian Office 
cuts down their rations fifty per cent.; 
gives them notice of another impending 
cut of fifty per cent. ; threatens them with 
the permit system in order to force them to 
consent to a lease ; ignores the terms and 
conditions of the consent thus obtained ; 
turns cattlemen and half-wild Texan cattle 
into the occupied parts of their reserva- 
tion ; and finally, when they protest, tells 
them, through its Agent, that they will have 
to starve if they do not submit, and that 
they had better keep quiet and sell fence- 
posts to the lessees at six and a quarter 
cents apiece 1 

6. The Commissioner says, in his reply 
to my article, that the Indians are " will- 
ing and anxious " to lease their lands, and 
that all the opposition there is comes 
from a few squaw-men and half-breeds, 
" who see in the inauguration of the leas- 
ing system the overthrow of the abuses 
which they have heretofore practiced." 
I think the council proceedings above set 
forth are a sufficient answer to this state- 
ment. If the Indians are " willing and 
anxious " to lease, they have a queer way 
of showing it 1 

7. The Commissioner says : " The 
Walker lease exempts and excludes one 
township of land in the neighborhood of 
Bull Head Station which includes the 
only thickly settled part of the reservation 
in the leased portion. A very conservative 
estimate places the number included in 
the leased district at not more than seventy 
families." 

Since the beginning of this controversy 
between the Indians and the Commis- 
sioner — viz., in the early part of March — 
the Rev. T. L. Riggs, who has been long 
and favorably known in connection with 
mission work among the Sioux, made a 
careful investigation of the Standing Rock 
leases, at the request of the Indian Rights 
Association, and sent to that Association 
a full report upon the subject. Concern- 
ing the number of Indian families included 
within the leased district, he says : 

" There appears to be fully as dense 
ignorance, on the part of those whose 
business it is to know, with regard to the 
number of Indians who will be affected 
by this leasing of land, as in the matter 
of land limits. Agent Bingenheimer tells 
the Senate Committee that eighty families 



96 



The Outlook 



might possibly be included. He certainly 
knew better — or ought to have known 
better. Under the original calls for pro- 
posals, to include lands lying west of the 
range line between ranges 26 and 27, 
there could not possibly be less than four 
hundred families within the proposed 
lines. I do not know that any one has 
taken the trouble to make a careful census. 
It includes nearly every man, woman, and 
child on the rolls of Bull Head — a few 
short of one thousand persons. It also 
includes the great majority of those 
enrolled on the Upper Cannonball Sta- 
tion — the exact number of whom I was 
unable to learn — besides scattering fami- 
lies belonging elsewhere. . . . Under the 
final proposal, to lease lands extending 
only to the range line between ranges 25 
and 26, there are within the limits of 
leased lands 232 families, according to 
Agency-ticket record." The exclusion 
and exemption of the Bull Head township 
would reduce this number by only 13. 
At the rate of four persons to a family, 
there would consequently be 876 Indians 
within the boundaries of the leased area. 
" The Indians of Grand River," Mr. 
Riggs says, " owned, in 1901, 5,247 cattle, 
almost all of them within the limits of 
the Walker lease. Probably, with their 



horses, they now own 1 1 ,000 head of 
stock. It would not appear that there is 
much land here that is suffering to be 
leased. The Indian delegate who said 
to the Senate Committee, * We want that 
for ourselves,* evidently knew what he 
was talking about." (Report of T. L. 
Riggs to the Indian Rights Association, 
March 17, 1902.) 

If a region that is inhabited by 876 
Indians, with 1 1,000 head of stock, is not 
an "occupied part of the reservation," 
I should be glad to know what the Com- 
missioner's definition of " occupied " is* 
At the rate of one head of stock to every 
forty acres (the proportion of cattle to 
land adopted by the Indian Office) these 
11,000 horses and cattle would occupy a 
range of 440,000 acres — almost exactly 
the amount of land leased in this very 
region to Mr. Walker. 

In view of this and many other discrep- 
ancies between the statements of Commis- 
sioner Jones on one side and the statements 
of the Indians and disinterested investiga- 
tors on the other, there would seem to be 
urgent and pressing need for a thorough 
and impartial investigation of the whole 
subject by some person or persons not 
connected with the Indian Office. 

Washington, D. C. 



Notes and Queries 



Will some reader give me some mformation m 
regard to the following : 1. Refer me to some book that 
will give a history of the Shawnee Indians ; I want 
to know of their habits and peculiarities, the number 
of the tribe, their early headquarters, etc. I want 
this information in regard to them in the early his- 
tory of the country— say about 1776. 2. To book or 
source of information concerning the early French 
trading posts ; where they were and all the informa- 
tion I can get, such as would help me in describing 
one minutely. 3. Something as to the founding and 
history of Detroit, Michigan. If vou will give me 
some help as to these points it will be greatly appre- 
ciated. R. J. BiRDWELL, 

Coleman, lexas. 

3. See Cooley's "History of Michigan" (Houghton, 
Mifflin & Co., Boston, $1.25); Farmer's "History of 
Detroit and Michigan " (Farmer, Silas & Co., Detroit, 
$10); Hamlin's ''Legends of Detroit " (Thorndike 
Nourse, Detroit, $2). 

On page 244 of Dr. Mark Hopkins's "Evi- 
dences of Christianity" is the following: "The 
objections brought by Archbishop Whately against 
the existence and general history of Napoleon Bona- 
parte are quite as plausible as any that can be brought 
against the existence and general historv of Christ. 
1 have made search in Whately's works, and am 
unable to find the passage referred to. Can you or a 
subscriber inform me as to where I can nnd it ? 

W. K. S. 

Archbishop Whately published his "Historic Doubts" 
concerning the existence of Bonaparte in an anonymous 
pamphlet— anonymous merely to preserve its ironical 
character. He refers to it very briefly in his " Elements 



of Rhetoric," page 118, Harper's edition. Perhaps some 
reader can tell us more about it. 

After reading Dr. White's" Warfare Between 
Theology and Religion," Shaler's " Individual," and 
others, I would like to find some man, equally 
scientific, who would strike a deeper key— some man 
who, admitting the many mvths, inaccuracies, and 
errors in the Bible, would still point to the divine in 
it ; a man truly scientific, who, believing in our 
ascent from the lowest forms of organic life, believes 
just as truly in a divine life which has quickened and 
sustained tnis wonderful procession and which assures 
us of the immortality of our souls. Is there any 
scientihc book written in this spirit ? X. 

For the testimony of a naturalist of the highest eminence 
see Romanes's " Thoughts on Religion " (The Pilgrim 
Press, Boston, or any bookseller can supply it at $iJ5). 
For a work done in a thoroughly scientific spirit, though 
not by a professional naturalist, see Dr. N. Smyth's 
"Through Science to Truth" (Scribners, $1.50). Dr. 
White's work, it should be noticed, is careful to preserve 
the names of eminent men of science who were also men 
of Christian faith, as Lyell, Faraday, Asa Gray, and 
others. The proper title of Dr. White's work is " A His- 
tory of the Warfare between Science and Theology in 
Christendom." (D. Appleton & Co., New York.) 

By an unfortunate slip, not of the types, but of the 
mind or memory, we last week referred to Lord Kelvin's, 
early name and title as Sir William Hamilton instead of 
Sir William Thompson. The latter name is literally " a 
thing which every school-boy knows." 



» * 



TWv.c>vk^Voo\^- ^^v^\.\^^^0JL 



i 



Indian Rights and Wrongs 

On another page will be found a reply 
from Commissioner Jones, of the Indian 
Office at Washington, to the charges made 
by Mr. George Kennan in The Outlook 
of March 29. The Commissioner's reply 
is not, in the judgment of The Outlook, 
complete or adequate. Mr. Kennan has 
made specific and detailed charges in the 
Standing Rock case, which he reinforces, 
in many instances at least, by reference 
to the official and public documents. 
These charges he reiterates in a reply to 
Senator Piatt, of Connecticut, which we 
print together with the letter of Com- 
missioner Jones. Commissioner Jones's 
letter, as may be seen from the date, 
was received by The Outlook as this 
issue was going to press. This, of course, 
precluded any examination by Mr. Ken- 
nan of the answer to his charges ; but 
those readers who are impartially inter- 
ested in this matter, who desire to see the 
truth and only the truth come to light, 
who have no bias against Commissioner 
Jones or for Mr. Kennan, and who will 
take the trouble to read again the original 
charges contained in The Outlook for 
March 29, together with Commissioner 
Jones's reply thereto, and Mr. Kennan's 



answer to Senator Piatt, will agree with 
The Outlook that Commissioner Jones's 
statement js neither adeg^uate nor con- 
dusTve." 'Mr. Kennan's original article 
was not published in The Outlook with- 
out due consideration and deliberation. 
Mr. Kennan has an international reputa- 
tion for his ability in collecting, weigh- 
ing, and classifying the evidence which 
may be adduced from an investigation of 
official documents, public records, and 
the reports of Government officials. It is 
not sufficient to make a generic reply to 
his specific criticisms. The history of 
the relations of the United States Govern- 
ment with the Indians has been such that 
when an accusation is made against the 
Government in Indian matters its inno- 
cence cannot be taken for granted ; it 
must prove its integrity. Mr. Kennan's 
detailed charges cannot be ignored or 
evaded, and, in our opinion, Commissioner 
Jones's own statement of the case makes 
a thorough investigation necessary. The 
Outlook has such confidence in the pres- 
ent Administration at Washington that it 
believes the necessary investigation will 
be made, the necessary corrective meas- 
ures will be applied, and the needed 
reforms will follow. 



The Standing Rock Indian Case' 

I. — Commissioner Jones's Statement 



To the Editors of The Outlook : 

My attention has recently been attracted 
to an article in The Outlook of March 29, 
under the title "Have Reservation In- 
dians any Vested Rights?" The article 
relates mainly to the action of this office 
in leasing the surplus lands of the Stand- 
ing Rock Reservation. There is in the 
article such a spirit of unfair criticism, 
officious complaint, garbled statement of 
facts, and such a broad insinuation of 
sinister motives on my part as to induce 
me to take some notice of it, lest my silence 
might be construed as a confession of the 
correctness of the position assumed. 

The writer evidently did not know of 
or has ignored the fact that for years pre- 
ceding the time when steps were taken 
by the office to lease the surplus lands, 

> Editorial Comment on this subject will be found on 
another i>age. 



many thousand head of outside cattle 
were pastured on the Standing Rock and 
other Sioux reservations, from which the 
Indians, as a tribe, derived no benefit 
whatever. 

Three systems of pasturage were in 
vogue. First, the squaw-men and mixed- 
bloods grazed their own cattle on the 
reservation in large numbers; second, 
these same enterprising classes held many 
thousand head of outside stock on the 
reservation, the owners paying them 
directly for pasturage privileges; third, 
parties living in that part of the State 
permitted their stock to trespass upon the 
reservation, paying no one for the priv- 
ilege. This latter class were freebooters 
pure and simple. Under these three sys- 
tems more than 50,000 head of stock 
have been yearly pastured upon the ad- 
joining Cheyenne River Reservation alone, 



\^ 



•^Cw^' '-.vO 



952 



The Outlook 



[19 April 



1902] 



The Standing Rock. Indian Case 



953 



during recent years. Many of the squaw- 
men and mixed-bloods have become com- 
paratively rich by taking in the stock of 
outside parties and by the pasturage of 
excessive numbers of their own. It was 
manifestly unfair and unjust to the tribe, 
as a body, to permit a few intermarried 
whites and progressive mixed-bloods to 
monopolize practically all the common 
lands of the Reservation to their own 
advantage and profit, whereas, if the lands 
were leased for the benefit of the tribe, 
all would share alike in the financial 
results derived.. 

The oflSce had two purposes in view in 
leasing these lands : First, the overthrow 
of the illegal and unauthorized systems 
that had theretofore prevailed; and second, 
the raising of revenue for the benefit of 
the tribe as a whole. 

Realizing that the Standing Rock Reser- 
vation is essentially a grazing country, 
and in order to encourage all the Indians 
to become stock owners, a clause was 
inserted in the proposed leases making 
ample provision for the pasturage of a 
reasonable number of stock for each 
family. This clause provides that each 
Indian family residing within the leased 
district shall be permitted to hold therein, 
free of rent, cattle and horses which they 
actually own to an extent not exceeding 
one hundred head. This clause applies 
to all families having rights upon the 
reservation — to the families of squaw-men, 
mixed-bloods, and full-bloods alike. 

The writer of the article appears to be 
greatly exercised over the apparent " change 
of heart " by this office between May and 
October, 1901, relative to the issuance of 
grazing permits. During the summer such 
information reached the office, through 
the reports of its inspectors, as to induce 
it to inaugurate a system which would 
compel all parties that were there grazing 
stock on the Sioux Reservations to pay 
the Indian Agents one dollar per head per 
annum. This has been designated the 
" permit system '* of pasturage. It did 
not contemplate securing the consent of 
the tribe for its inauguration, neither did 
It require such action. There was no 
proposition nor intention to invite cattle- 
men to bring in additional numbers of 
cattle for grazing purposes ; it simply pro- 
vided that a tax of one dollar per head, 
paid for grazing stock already on the 



reservation, should be collected by the 
Indian Agents for the benefit of the tribe, 
instead of being paid to enterprising squaw- 
men and mixed-bloods for their individual 
profit. As an imperative corollary to 
this it was necessary to inaugurate the 
permit system for the pasturage of resident 
stock, in excess of a hundred head for 
each family ; otherwise the entire body 
of stock on the reservation might be 
claimed by the squaw-men and enterpris- 
ing mixed-bloods (whether they were 
bona fide owners or not) and thus escape 
pasturage taxation — at least for the bene- 
fit of the tribe, and not to a few inter- 
married whites and mixed-bloods. The 
end sought justifies the means, and the 
same action will be taken with reference 
to other reservations whenever it is ascer- 
tained that the same conditions exist. 

From the general tone of the article, 
one not familiar with the facts would 
infer that every Indian on the Standing 
Rock Reservation was opposed to the 
action of the office in leasing the lands. 
Such is not the case, however. There is 
no regularly constituted council of the 
Standing Rock Sioux, so that it was 
necessary to call a general council of all 
the adult male members of the tribe in 
order to secure tribal consent to the leas- 
ing. The action of the Indians in the 
matter is therefore embodied in the " gen- 
eral council proceedings " of December 
26, 1901, which is as follows : 

We, the undersigned, Indians of the Stand- 
ing Rock Reservation, North Dakota, over 
eighteen years of age, hereby consent to the 
leasing for a period not to exceed five years, 
for the purpose of grazing catde thereon, 
at a rate of not less than one {$1) dollar per 
head per annum for each and every head of 
cattie so introduced and grazed upon said 
reservation, the unoccupied portions of said 
Standing Rock Reservation, the consent 
hereby given to be subject in each and every 
instance to the following conditions : 

The tract of land assigned under each per- 
mit, contract, or lease, must be properly fenced, 
the cost of such fencing to be paid from the 
rental which may be due for the first year. At 
the expiration of such permit, contract, or 
lease, said fencing shall be and remain the 
property of the Indians of this reservation, 
and during the term that cattie are so held 
upon this reservation such fences must be kept 
in a proper state of repair at the expense of 
the owner of the stock. 

All persons so introducing and grazing stock 



^ 



will be required to exercise all possible care 
and diligence to prevent depredations by 
their cattie upon the leaseholds of other stock- 
men or upon lands occupied by Indians of 
this reservation; and in the event of the 
appearance of any contagious disease among 
their herds, every possible step must be taken 
to prevent the spread of and to stamp out 
such disease, 
[Here follow the signatures of 771 Indians.] 
I do hereby certify on honor that I have 
explained the nature of the above agreement 
to the Indians whose names are hereto ap- 
pended, and am satisfied that they fully under- 
stand the same. 

Joseph Arch AMBAULT, 

Interpreter. 

We certify on honor that we witnessed the 
signature of each and every Indian whose 
name is hereto appended, and that they signed 
of their own free will and accord. 

Witnesses: Louis Killed. 

Charles Ramsey. 

The proceedings are signed by 771 
male adults of the tribe out of a total of 
983. This is as nearly unanimous as 
could be reasonably expected in a council 
of this kind — considerably more than a 
two-thirds majority of the male adults. 
It is therefore not true that anything like 
a majority of the tribe are opposed to 
the leasing. The opposition comes from 
a comparatively few intermarried whites 
and mixed-bloods w^hose financial inter- 
ests are involved. They see in the inau- 
guration of the leasing system the over- 
throw of the abuses which they have 
heretofore practiced greatly to their own 
financial advantage. The remainder of 
the tribes are not only willing that their 
surplus lands shall be leased but are 
anxious that such action shall be taken. 

It is worthy of note that the " Associa- 
tion of Returned Students," the most 
intelligent and progressive element of this 
tribe, are heartily in favor of leasing 
these lands. 

Again, throughout the article, the coun- 
cil proceedings giving the tribal consent 
to the leasing are spoken of as an " agree- 
ment,'' it being broadly intimated that it 
was an agreement between this Depart- 
ment and the Indians. It is then pointed 
out that the terms of the leases as drawn 
do not agree with the tribal consent, in- 
tending to convey the impression that the 
Department had entered into an agree- 
ment with the Indians relative to leasing 



their lands and had then broken faith 
with them. 

Nothing could be further from the 
truth. The council proceedings are in 
no sense an agreement — unless it be an 
agreement among the Indians themselves, 
to which this Department is in no degree 
a party. The law provides that surplus 
tribal lands " may be leased by authority 
of the council speaking for such Indians 
... in such quantities and upon such 
terms and conditions as the Agent in 
charge of such reservation may recom- 
mend." The law, therefore, does not con- 
template that " the council speaking for 
such Indians " shall do more than give its 
consent to the leasing; the quantity of 
land to be leased, and the terms and con- 
ditions, are to be left to the Agent in 
charge, subject, of course, to the direc- 
tions of the Department. 

It is pointed put that the council pro- 
ceedings authorized leasing at not less 
than one dollar per head, while the adver- 
tisements invited bids for the grazing 
privileges by the acre. Even if it should 
be admitted, for the sake of argument, 
that the Indians might dictate the condi- 
tions upon which the lands might be 
leased, this discrepancy, if such it can be 
called, is more apparent than real when 
all the facts are known. The leases pro- 
vide that the lessees shall not hold to 
exceed an average of one head of stock 
to each forty acres ; this at the rate per 
acre specified makes his grazing privi- 
leges cost him a little more than one 
dollar and twenty cents per head. It 
serves the double purpose of preventing 
overstocking the ranges, and at the same 
time determines what it shall cost the 
lessee to graze each head of stock. 

It is also alleged that the Indians gave 
their consent to the leasing of the " un- 
occupied" portion of the reservation, 
while one of the leases includes some of 
the best and most thickly settled parts of 
the reservation, where the Indians have 
their homes, their little gardens, their 
winter-hay fields, and their cattle. 

This on its face seems to be a serious 
charge. In the first place, it was not pro- 
posed to lease the eastern portion of the 
reservation, containing over one-half its 
entire area. Nearly nine-tenths of all the 
Indians reside upon this portion, east of the 
line of the grazing districts. The Walker 



_^ 



954 



The Outlook 



[19 April 



lease exempts and excludes one township 
of land in the neighborhood of Bull Head 
Station, which includes the only thickly 
settled part of the reservation in the leased 
portion. A very conservative estimate 
places the number included in the leased 
district at not more than seventy families. 
An inspector of this Department, who was 
Agent at Standing Rock from 1881 to 
1895, and who has frequently visited the 
reservation since, states that in his judg- 
ment not more than fifty families reside 
upon the portion it is proposed to lease ; 
but, making allowance for misinformation 
and for changed conditions since he left, 
there are assuredly not more than seventy 
families. Again, the lease form in use by 
this Department makes ample provision 
for protecting each and every Indian in his 
individual holdings, whether the same be 
farms, gardens, or allotments. The clause 
referred to provides that all allotments 
ol land in severalty and all farms, gardens, 
and other improved holdings of individual 
Indians shall at all times be free from 
damage or interference by the stock or 
employees of the lessee. The office has 
always found this clause to afford ample 
protection to the individual Indians, even 
on reservations where there are actual 
allotments and where farming operations 
are extensively carried on. It has proven 
effective largely from the fact that all 
lessees of tribal lands are required 
to give bond, with two or more good and 
sufficient sureties, in an amount equal to 
one year's annual rental, conditioned upon 
the faithful performance of the terms of the 
lease. It thus transpires that the families 
living in the leased area will have ample pro- 
tection against the stock and employees of 
the lessees — even far more so than they 
had prior to the inauguration of the leasing 
system, for it must be remembered that 
for the past several years many thousands 
of cattle have been grazed upon the reser- 
vation, whose owners were not under bond 
and were responsible to no one for any 
damage or injury their stock might occa- 
sion. The leasing system is intended 
and will remedy these existing evils. The 
out boundaries of the grazing districts 
will be fenced so as to prevent trespass- 
ing; the lessees are required to protect 
the individual holdings of the Indians; 
they are required to give good and suffi- 
cient bond conditioned upon the payment 



of the rents and the faithful performance 
of all the terms of the lease ; they cannot 
overstock the ranges, as they are limited 
as to the number of cattle they can bring 
upon the lands at any one time. In short, 
it is the substitution of a legal system 
under the control of the Department for a 
system of internal monopoly and external 
freebooting. Aside from this, and to 
obviate every possible objection, arrange- 
ments have been made to furnish the 
individual Indians living within the leased 
area with wire for fencing their homes 
and hay-fields when they so desire, and 
when it appears that any Indian is unable 
for good reason to build the fences him- 
self, the Department proposes to have the 
work done for him. 

My motives are also impugned in the 
short time given to the advertisements 
inviting proposals. From the article it 
would be inferred that it is obligatory upon 
the office to give notice a long time prior to 
the acceptance of bids. As a matter of 
fact, no notice whatever is required. It 
was competent for the office to solicit and 
accept informal bids if it felt so disposed, 
without giving any public notice. Such 
action has been taken in a number of 
cases, but in the interest of the Indians, 
and to silence criticism, public notices of 
the letting were published in four leading 
stock journals, the first publication being 
made seventeen days before the day of the 
letting. Not only this, two hundred and 
fifty posters soliciting proposals were sent 
to all the leading stockmen whose addresses 
were known to the office. The sufficiency 
of the advertisement is attested by the 
number of separate bids received, which 
was six. In but very few instances have 
more than six bids been received upon 
any one body of land in the ten years' 
experience of the office in soliciting bids 
by public advertisements. In hundreds 
of cases there has been but a single bid 
upon a given grazing district, which the 
office was forced to accept or readvertise. 
Any advertisement, therefore, which re- 
sults in securing six competitive bids is 
amply sufficient. This, taken in connec- 
tion with the fact that it was not impera- 
tive upon this office to make any adver- 
tisement whatever, should silence criticism 
on this point. 

As to the so-called pool referred to in 
the article, in which it is alleged I was 



1902] 



The Standing Rock Indian Case 



955 



interested, I will state that the two high- 
est bids upon this land were coupled with 
conditions wholly inconsistent with the 
terms of the advertisement soliciting pro- 
posals. Neither could have been accepted 
even if there had been no other bids. 
The next highest bids— those of Lemmon 
and Walker— were a "tie." Both had 
complied with all the provisions of the 
advertisement and had deposited checks 
lor at least five per centum of the entire 
amount of the bid. One had no advantage 
over the other before the office. Under 
such circumstances it would have been 
difficult or embarrassing to have decided 
between them. Both were present in per- 
son at the time of the opening of bids, and 
decision could only have been made be- 
tween them by lottery or chance. They 
obviated this difficulty themselves by mu- 
tually agreeing to a division of the tract, 
Mr. Lemmon to take the western and 
northwestern portion of the reservation 
and Mr. Walker the central and southern 
portion. This was entirely satisfactory to 
the office, especially as it would result in 
giving the Indians fifty-four miles of addi- 
tional fence. In no other sense and in no 
other way, so far as known to this office, 
was there an agreement or understanding 
between the bidders or local stockmen. 

It is not necessary for me to make any 
reply to that portion of the article relative 
to the decisions of the courts as to the 
nature or extent of the vested rights of 
Indians in and to their reservation lands. 
Personally, I have experienced no " change 
of heart " upon the subject J have al- 
ways contended that the consent of the 
Indians was necessary in order to legally 
lease their lands and as to its final dispo- 
sition. I have not experienced a change 
of heart on this subject, but I insist that 
the consent of the Standing Rock Indians 
was legally and properly secured in this 
case, and is now on file in the office. 

In answer to the claim of the author of 
the article that the United States has 
taken 9,000,000 acres of land from the 
Sioux, and has given them in return a 
gold brick, made by thinly gilding a metal 
called *• zinc deceit," a brief st;.:-ment of 
what the Sioux tribe has received under 



benefit of this tribe over $38,000,000— a 
sum equal to $70 annually for every man, 
woman, and child. Again, under the 
treaty of 1889, they received as an advance 
payment on their ceded lands $3,000,000, 
which has been drawing interest in the 
Treasury at the rate of five per cent, per 
annum ; the interest on this payment is 
spent annually for their benefit, and alone 
amounts to date to $1,800,000. 

In addition to this vast sum of money, 
they have received 25,000 head of cattle, 
which have been issued to them per cap- 
ita, and the Government issues to each 
allottee, when he accepts his allotment, 
two cows, two mares, one set of harness, 
one plow, one wagon, one harrow, one hoe, 
one ox, one pitchfork, and $50 in money. 
The total value of the deliveries so far 
made amounts to $1,149,022 ; it is esti- 
mated that it will take at least $1,500,000 
more to fulfill this part of the treaty stip- 
ulation. So that it \vill be seen that the 
Sioux nation has received from the Gov- 
ernment for their benefit the enormous 
sum of $48,000,000 besides retaining 
in their several reservations [ ? ] acres 
of land. From the foregoing it will 
be seen that the "gold brick" did not 
contain much "zinc deceit," but rather 
that they received a veritable gold-mine, 
that has been worked assiduously in their 
interest for many years; and I submit 
that it is high time that they consent to 
the use, for their own benefit, of some of 
the unoccupied millions of acres of graz- 
ing land in the remote parts of their res- 
ervation, and so relieve the Government 
of some of this heavy annual burden. 

The gratuitous and slanderous insinu- 
ation contained in the article that my 
action was prompted in the matter by 
sinister and interested motives, I will not 
dignify with a denial. 

In conclusion, I will state that the 
action taken by the office was the result 
of a conference with my superior officers, 
and meets with their entire approval. 

In justice and fairness to myself, it is 
hoped that you will give this reply in its 
entirety the same publicity t you did 
t!ie article to which it refers. 

Very respectfully, 
W. A. Jones, Commissioner. 



their treaties may not be inappropriate. 

Under the treaties of 1868 and 1877, 
the Government has expended for the 

\For a statement from Mr. Kennan see the following page^ 



Department of the Interior, Office of Indian Affairs, 
Washington, April 12, 1902. 



r 






II. ^A New Statement from Mr. Kennan 



In the letter to The Outlook which fol- 
lows, Senator Piatt, of Connecticut, says : 

To the Editors of The Outlook : 

Some one has sent me The Outlook for 
March 29, with a marked article by Mr. Ken- 
nan on leases at the Standing Rock Reserva- 
tion. I regret to say that I do not remember 
to have ever seen within the same space so 
much of statement and insinuation calculated 
to give an entirely erroneous impression as to 
the facts as in that article. Surely you cannot 
suppose that the Secretary of the Interior, 
and the Indian Commissioner, and Committees 
of Congress are either corruptly or stupidly 
trying to despoil the Indians of their rights. 

Very truly yours, 

O. H. Platt. 

Senate of the United States, April 3, 1902. 

Every man has a right, of course, to 
express an opinion with regard to another 
man's work; and if Senator Platt thinks 
that my article was untrustworthy and 
misleading, he is perfectly at liberty to say 
so. His opinion, however, would perhaps 
carry more weight if it were based upon — 
or at least accompanied by — citations 
and specific references. Does the article 
contain misstatements in matters of fact ? 
If so, what are they ? Are the conclusions 
drawn from the facts erroneous ? If so, 
in what respect? 

It ought not to be difficult to come to 
close grips in a controversy that relates 
almost wholly to matters of official record ; 
and if Senator Platt will be good enough 
to point out to me the statements that he 
regards as erroneous and misleading, I 
will either furnish evidence to support 
them, or admit frankly that I have been 

mistaken. 

Senator Platt seems to think that my 
article was made up largely of " insinua- 
tions.'' That certainly surprises me, 
because I had the idea that I was stating 
facts, and drawing conclusions from such 
facts, in the clearest, most direct manner 
possible. In order, however, that there 
may be no further misconception in this 
respect, I will now say, as plainly and 
distinctly as I possibly can, that — 

1. The Indians of the Standing Rock 
Agency, so long as they were permitted to 
act without coercion, refused absolutely 
to open their reservation to foreign cattle. 
They were opposed to the leasing system 

956 



in the beginning, and they are opposed to 
it now ; for reasons set forth in the speech 
of their leader John Grass, at the council 
of May 3, 1901, and in the decision of the 
council on the proposition submitted, at 
that time, by the agent of the Chicago, 
Milwaukee, and St. Paul Railway Co. 
(Senate Document No. 212, 57 th Con- 
gress, 1st Session, pp. 90 and 92.) 

2. In October last they were fright- 
ened — and virtually forced — into an agree- 
ment to lease their " unoccupied lands " 
to foreign cattlemen, by an order from 
the Indian Office threatening them with 
the " permit system ;" that is, the turning 
in of foreign cattle without their consent, 
and without limitation as to range. (Sen. 
Doc. No. 212, p. 61.) This order, if I 
am correctly informed, was without war- 
rant or sanction of law, and was an arbi- 
trary invasion of the Indians' rights. The 
Sioux treaty of 1868 expressly "stipulates 
and agrees that no white person or per- 
sons shall be permitted to settle upon or 
occupy any portion of the reservation, or, 
without the consent of the Indians first 
had and obtained, to pass through the 
same." (Treaty with the Sioux, concluded 
April 29, 1868, and ratified February 16, 
1869; U. S. Statutes at Large, Vol. 15.) 

3. When Indian Commissioner Jones 
was asked, at the hearing before the Sen- 
ate Committee on Indian Affairs January 
23, 1902, "Did you write a letter to 
somebody out there, saying that the per- 
mit system would be inaugurated?" he 
replied, *' No, sir ; nor did anybody else." 
(Sen. Doc. 212, p. 60.) A letter from 
the Commissioner to Agent Bingen- 
heimer ordering the inauguration of the 
permit system was then produced and 
read. (Sen. Doc. No. 212, p. 61.) If I 
had been in Senator Piatt's place, as a 
member of the Committee, I should have 
asked Commissioner Jones for an explana- 
tion. 

4. The agreement into which the 
Indians were forced by this threat of the 
permit system provided for the lease of 
" unoccupied lands " only ; and it was 
expressly stipulated that the eastern 
boundary of the tract to be leased should 
be fixed and staked out by a joint com- 



1902 



The Standing Rock Indian Case 



957 



mission composed of Agent Bi. genheimer 
and three representative Indians. This 
was to enable the Indians to protect their 
own homes and stock ranges from the 
cattle of the lessees by drawing a line of 
demarcation around the occupied part of 
the reservation. They agreed (under 
compulsion) to surrender a certain tract 
of land ; but they stipulated that they 
should have the right to stake out its 
boundary. (Sen. Doc. No. 212, pp. 89 and 
90.) When Agent Bingenheimer reduced 
the agreement to writing, he omitted this 
important stipulation, but let the Indians 
1 suppose that he had put it in. He thus 
obtained their signatures to a document 
which did not represent their wishes or 
their understanding of the case, and a 
document, moreover, which they would 
not have signed if they had known its 
real purport. Upon this feature of the 
case. Rev. T. L. Riggs (who has just 
made a careful investigation on the 
ground) comments as follows : 

" The Indians accepted this " (the leas- 
ing proposition) ** subject to two condi- 
tions : that is, that this tract be located 
on unoccupied lands, so as to not conflict 
with the rights of Indians, and that this 
tract be first definitely marked out by a 
committee of three Indians, chosen by 
themselves and the Agent. These two 
conditions were an essential part of the 
agreement, and separate from them there 
was no agreement made. On this ques- 
tion there is absolutely no variation in 
testimony given. It would appear, how- 
ever, that in the written form submttted 
for the Indians to sign, these essential 
conditions were left out ; and whereas the 
Indians supposed this to be the identical 
agreement they had made in council, it 
covered only the bare fact of their con- 
sent to the leasing of lands." (Report of 
Rev. T. L. Riggs, dated March 17, 1902.) 
Agent Bingenheimer admitted, before the 
Senate Committee, that he did agree 
to the stipulation with regard to the 
fixing and staking out of the boundary, 
and that he had not carried it into 
effect. {Sen. Doc. No. 2 1 2, pp. 86 and 90). 
If I had been a member -of the. Commit- 
tee, I should have asked Mr. Bingenhei- 
mer whether he regarded is as fair or 
^ honest to take advantage of the Indians' 
illiteracy by suppressing in the written 
agreement a provision to which he had 



verbally assented. In Eastern communi- 
ties such practices are called frauds. 

5. As soon as this agreement to lease 
^^ unoccupied'' lands had been obtained, 
the Indian Office advertised for bids from 
cattlemen for the grazing privilege on 
more than two-thirds of the whole reser- 
vation ; including tens of thousands of 
acres of land that the Indians were actu- 
ally occupying. (Sen. Doc. No. 212, 
pp. 17 and 23.) This was in flagrant 
violation of the agreement, and if it was 
not an attempt, on the part of somebody, 
to " despoil the Indians of their rights," 
actions have no significance and words 
have no meaning. 

6. The agreement with the Indians 
stipulated that the lessees should pay a 
certain price per head for the number of 
cattle pastured on the leased territory. 
The Indian Ofiice paid no attention, ap- 
parently, to this stipulation, but leased 
the lands for three cents an acre, irre- 
spective of the number of cattle. This 
would not be regarded as fair dealing 
among white men. 

7. On the face of the facts, as they 
appear in the testimony before the Senate 
Committee, the Indian Office, or its Agent, 
first forced the Indians into an agreement 
to lease, by illegally threatening them 
with the permit system ; then disregarded 
the most important stipulation of the 
agreement thus obtained; and finally 
violated the express terms of the agree- 
ment by changing the method and rate 
of payment, and by leasing lands that the 
Indians were actually occupying. If 
Senator Platt were in the place of '* Thun- 
der Hawk," and lived, by means of cattle- 
breeding, on the Standing Rock Reserva- 
tion, I don't think he would regard this 
as a "square deal." That he himself 
would be incapable of "despoiling the 
Indians of their rights " goes without say- 
ing; but that Indians //^z'^f been "despoiled 
of their rights," by Indian Agents and 
others, in all parts of the West, is .a fact 
well known to all students of Indian 

affairs. 

In- a letter to the President of the 
Senate, written January 13. 1900, Secre- 
. tary Hitchcock himself admitted that the 
Indian Agent at Fort Sill, on the Kiowa 
Reservation, apparently resorted to "will- 
ful misrepresentation and false transla- 
tions," in order to get the Indians' signa- 



958 



The Outlook 



tures to an agreement in which he was 
interested, and that even ** the Depart- 
ment was misled '' as to the number of 
Indians who signed it. " In view," he 
says, " of the apparently improper prac- 
tices in procuring the agreement, and 
false certification as to the signers thereof, 
I am of opinion that it should not be 
ratified." (Sen. Doc. No. 76 ; S6th Cong. 

1st Sess., p. 2.) 

In spite of this report from the Secre- 
tary, the fraudulent agreement was rati- 
fied by Act of Congress of June 6, 1900; 
and if the Supreme Court does not in- 
tervene, the deceived Indians will shortly 
be evicted from their lands. (Appellants' 
Brief in case of Lone Wolf et al. vs. 
E. A. Hitchcock, Secretary of the Inte- 
rior, p. 6.) 

If this sort of thing could happen on 
the Kiowa Reservation in 1900, it might 
also happen on the Standing Rock Res- 
ervation in 1902. I have not looked up 
the vote in the Senate on this fraudulent 
Kiowa agreement, and I don't know 
whether Senator Piatt was in favor of rati- 
fying it or not ; but many Senators (/ui 
vote for ratification, and I have no doubt 
that every one of them would indignantly 
resent any suggestion or "insinuation" 
that the Indians were" despoiled of their 
rights." In any case, the Indian Office 
was not " stupid or corrupt ;" the Secre- 
tary of the Interior was not stupid or cor- 
rupt ; and the Senate was not stupid or 
corrupt ; but the unfortunate Indians lost 
their lands, all the same. 

The whole question of Indian rights 
and Indian treaties was thoroughly con- 
sidered by the United States Supreme 
Court in the case of Worcester vs. the 
State of Georgia. (6 Peters, 581.) Its 



opinion in that case was, in part, as 

follows : 

"The language used in treaties with 
the Indians should never be construed to 
their prejudice. If words be made use 
of which are susceptible of a more ex- 
tended meaning than their plain import, 
as connected with the tenor of the treaty, 
they should be considered as used only in 
the latter sense. . . . How the words of 
the treaty were understood by this unlet- 
tered people, rather than their critical 
meaning, should form the rule of con- 
struction. ... We have made treaties 
with them ; and are those treaties to be 
disregarded on our part because they 
were entered into with an uncivilized 
people ? Does this lessen the obligation 
of such treaties ? By entering into them 
have we not admitted the power of this 
people to bind themselves and to impose 
obHgations on us ? . . . Nations differ 
from each other in condition, and that of 
the same nation may change by the revo- 
lutions of time ; but the principles of jus- 
tice are the same. They rest upon a 
base which will remain beyond the endur- 
ance of time." 

In view of Senator Piatt's remarks in 
Committee upon the impending necessity 
for " disregarding the letter of the treaties 
that we have made, giving such rights as 
we have given to the Indians," I venture 
respectfully to call his attention to the 
words above quoted; and if such old- 
fashioned notions of justice and honor 
have not become antiquated and obsolete, 
it might be well, perhaps, to inscribe them 
on the wall of the Indian Office, directly 
in front of the Commissioner's desk. 

George Kennan. 



Y 



Washington, D. C, 
April 9, 1902. 









1902] 



Settlement of the Standing Rock Indian Case 



907 



mine workersSn a district that is idle, io/f just 
and sufficient reasons, order a suspeasion in 
any other district or districts that wojrfld in any 
way impede the settlement of >me district 
affected. Provided, ihat such/action would 
conserve to the best \nterest of the United 
Mine Workers of Amerf^, 

This brief review of the Constitution of 
the United Mine WorkersH^ sufficient to 
show that, instead of being a' secret organ- 
ization, its very basis is publmUy. The 
power given to the National officelFS in the 



last se^ion quoted, to order a district 
strike wrthout consulting th<2^ine workers 
in the disWict, might eagffy be abused by 
a hot-headed boardyliut the opinion of 
The Outlook\is that John Mitchell, at 
least, has shown himself to be a man of 
marked ability,\integrity, human sym- 
pathy, and breadthvof view — an opinion 
confirmed by an artib^e on the Coal Strike 
contrib)H!ed by him to \McClure's Maga- 
zine *^ioT December. 



3^^Z^ 



Settlement 




ian Case 



Staff Correspondence 



ON the 29th of last March The 
Outlook published over my signa- 
ture an article entitled *' Have 
Reservation Indians Any Vested Rights ?" 
In that article I attempted to show that 
Mr, Jones, the Indian Commissioner, and 
Mr. Bingenheimer, the Indian Agent on 
the Standing Rock Reservation in South 
Dakota, were about to commit an act of 
great injustice by forcing the Standing 
Rock Sioux to give up more than half of 
their reservation to cattlemen for grazing 
purposes, and that such action on the 
part of the Indian Office was not only 
unjTist, but in flagrant violation of law. 
The charges which I made were, first, 
that the Indians had been illegally coerced 
into an agreement to lease a part of their 
** unoccupied lands;" second, that the 
Indian Commissioner had thereupon 
leased to two cattlemen named Lemmon 
and Walker more than half of the reser- 
vation, including hundreds of thousands 
of acres that were actually occupied by the 
Indians and were needed by them for 
their own herds ; and, third, that, after 
forcing the Indians to consent to a lease 
of certain specified lands upon certain 
specified terms, the Indian Office wholly 
disregarded the conditions of the agree- 
ment, and, in the case of the Walker 
lease, turned over to a cattleman about 
half a million acres of land that the 
Indians never consented to lease upon 
any terms whatever. I pointed out, fur- 
thermore, the facts that a confirmation of 
the Walker lease would practically ruin 
the Sioux in the central part of the reser- 
vation by depriving them of their best 
pasturage, and that the course of the 



Indian Office in the whole matter was not 
only ill-advised but unjust and illegal. 

On the 3d of April Senator O. H. 
Piatt, of Connecticut, wrote a letter to the 
editor-in-chief of The Outlook (subse- 
quently published in The Outlook) in 
which, referring to my article, he said: 
" I regret to say that I do not remember 
to have ever seen, within the same space, 
so much of statement and insinuation cal- 
culated to give an entirely erroneous im- 
pression as to the facts as in that article." 
In April the Indian Commissioner him- 
self made a reply to my charges (published 
in The Outlook of April 29) and defended 
the action of the Indian Office in the 
Standing Rock case. 

On the 8th of May the President ap- 
pointed Mr. George Bird Grinnell, of 
New York (the well-known editor of 
*• Forest and Stream ") a special agent to 
visit the Standing Rock Reservation, 
investigate the leases, ascertain whether 
the charges of unfair dealing on the part 
of the Indian Office were true or not, and 
submit such recommendations as the case 
might seem to require. Mr. Grinnell 
has made a thorough and careful investi- 
gation on the ground, and has submitted 
to the President a report in which he says 
that, as matters of fact, the Indians were 
coerced by the Indian Commissioner into 
an agreement to lease their ** unoccupied 
lands ;" that the Indian Office did there- 
upon lease to cattlemen a large tract of 
occupied land, in violation of the condi- 
tions of the Indians' consent ; that such 
action of the Indian Commissioner was 
ill-advised and unjust ; and that a con- 
firmation of the Walker lease would 






908 



The Outlook 



affect most injuriously the welfare of the 
Indians in the central part of the reser- 
vation. He therefore recommends that 
the Lemmon lease be so modified as to 
exclude all lands occupied by the Indians, 
or needed by them for pasturage, and 
that the Walker lease be ** wholly re- 
jected." The President has approved 
Mr. Grinneirs report ; and, in accordance 
with the latter's recommendation, the 
Lemmon lease has been so modified as to 
satisfy the Indians and. safeguard their 
interests, while the Walker lease, b^ 
Executive order, has been canceled alto- 
gether. 



The position taken! by The Outlook in 
this case has thus been sustained in every 
particular, and the publicity given in its 
columns to the facts has helped to prevent 
a great wrong, and to protect the Standing 
Rock Sioux from the consequences of ill- 
advised and injudicious action on the part 
of the Indian Commissioner. 

As Mr. GrinnelFs report will not be 
given to the press, I have made this brief 
statement in order that Outlook readers 
may know what finally happened in the 
Standing Rock case. 

George Kennan. 

Washington, D. C, December 6. 



^ * 



Correspondence 



The Views of Friends 

2o the Editors of The Outlook : 

Would you permit a Friend to correct 
what appears to be a misapprehension as 
to the views of Friends in the article 
" Religious Life in America," in The 
Outlook for September 1 3 ? Friends " as a 
body " neither accept nor reject the con- 
clusions of the higher criticism of the 
Bible, since they have no formal creed to 
be affected by them. As individuals. 
Friends have accepted those conclusions 
with great unanimity, and generally con- 
sider them a great assistance to better 
understanding of the Bible. I think also 
that there is no tendency among Friends 
to put the Bible in the place of those 
influences which are the origin of what is 
good in the Bible and in all other useful 
books, the tendency being very decidedly 
the other way. H. M. H. 

Is it Socialism ? 

To the Editors of The Outlook : 

The idea has been suggested that the 
(government take control of the coal- 
mines. This suggestion brings forth a 
storm of criticism, and we hear the cry of 
" Socialism." No one, I think, looks 
upon England as a Socialistic country, yet 
in one of her colonies, New Zealand, the 
Government owns not only coal-mines, 
but the railroads and telegraph lines, also 



runs an insurance business for the benefit 
of its citizens. If this be not Socialism 
in one country, why should it be in an- 
other ? Neither coal nor iron nor oil can 
be made by the artjof man ; they are put 
into the earth Sy the Creator : why should 
the supply of these necessities be con- 
trolled by a few ? K P. B. 

Danville, Va. 

"The Supernatural" 
To the Editors of The Outlook : . 

I was greatly interested in your recent 
editorial on the " Supernatural," because 
that very word, with a number of others, • 
has seemed to me to be grossly abused, 
and to work, as you well say, " intellectual 
confusion." *lt seems to me that if we are 
true to etymology the word never had any 
right to be. And I cannot see how the 
word does anything other than give the 
content of a far-away God and a Christ 
essentially different from what the Father 
designed us to"* be — which I do not 
believe. After all, is it not true that the. 
supernatural is simply the natural for 
those who are spiritually perfect ? This 
does not alter the fact that there are 
spiritual phenomena which we shall never 
in this world, perhaps, thoroughly under- 
stand; but it does say that God works 
according to his own nature, from the 
soil to the squl, 2«id all things are there- 
fore not other than natural A« C. D. 



■ w- 



standing Rock Indians in Council at Roclc Creek 



April 12, 1902. 
A council called by the Chiefs to protest against Mr. Lemons building his fence while his lease case was 

still in the court. 

The farmer, Mr. Spooner, sent for the agent. There was much excitement among the Indians. The 
Indians sent for Miss Collins and sent urgent request that she be there on time to be a witness as to what 

was done. 

The agent reached Rock Creek a few minutes ahead of Miss Collins. When Miss Collins arrived, 
groups of men with hard set teeth and earnest eyes standing about watching anxiously the hill to see if the 
missionary was coming ; she was given a cordial greeting. 

The meeting commenced between two and three o'clock and the council room was packed, all men with 
one purpose. One who understands men would know that it was not a time for trifling. These Indians were 
here to assert their rights as men. The agent opened the meeting. He did not have a fluent interpreter* 
so labo'red under some difficulty. 

Agent Bergenheimer : — 

" I have come here at your request to hear what you have to say. I am told you do not want Lemon to 
go on building his fence. You ask who gave me authority to permit it. (Showing telegram). I received this 
telegram, dated March 23, from Commissioner Jones, telling me to allow Lemon to proceed with his fence. I 
have nothing to do with it. I can only obey orders. 

" I hope you understand that your rations were cut down last year fifty per cent. ; they will be cut again 
the first of July fifty per cent. I am allowed to pay this year $4,000 for labor (about $1.00 per capita). I 
shall pay $1.25 per day. I have asked the Government to use a part of your money to buy cattle for 
you. I have asked for seventy-five bulls and three thousand six hundred two-year old heifers — one for each 

person. 

" You have not enough to eat; what are you going to do? See these old people. They will starve if 
they do not have a full ration. You cannot live on the rations the Government gives you. You will have to 
work ; you cannot find much work to do. This Lemon lease will pay $7.00 per year per capita. If I tell the 
Department that you do not have enough to eat, they will say you have land to spare and would not lease it, 
and so I shall not be able to do anything for you. You ought to lease it to get this *7.00 per year ; you will 
need it. Your rations are only half now what they were a year ago, and in July will be cut into again. How 

can you live ? " 

Gray Eagle; — 

" Are we to have the annual per capita payment of our interest money ? " 

" Yes, this year. I have tried to get the hide money and your $3.00 per capita payment this year. I 
think you will get it. The Department has decided that it is not best to pay you your interest money ; they 
will spend it for you.*' 

Thunder Hawk: — 

"Last Spring we had two councils; you asked us to lend our land to the railroad; we did not wish to 
lease, we thought we had the right to refuse. The Commissioner frightened us by threatening to turn cattle 
loose upon us. Then in the fall you called a third meeting ; we were helpless ; we wanted to do the best we 
could to protect ourselves, so we agreed to lease thirty miles square on the Northwest corner of the Reserva- 
tion, where there were no houses. This council chose three men, Louis Primeu, Antonie De Rockbrain, my- 





self and you, to go out and designate the line ; you said you would meet us here at Rock Creek, and that you 
would go with us ; we waited but you did not come. We thought that when we had laid out the lines we 
could have an open council, that you and Lemon would meet us and read the contract to us, and we would 
then, together, come to an agreement like men." 

Agent Bercenhkimer : — 

" Y^ou are right and I fully intended to do as you say, but right now before all these people let me say, 
had it been left to me I should have done just as 1 promised, but it was not left to you nor to me ! 

"Before I had submitted a report of that council to the Department I was told that the Commissioner 
had made out the leases and that they were printed — I could do nothing. Those lines were run in Wash- 
ington, your council had nothing to do with it, the names you signed had nothing to do with it, I did not 
send them until after the leases were made out and the boundary settled. I had nothing whatever to do with 
it, and further, right now, 1 want you to understand that I cannot say or do anything except as my superiors 
in the Department tell me. If I could I would do as you wish, but I can do or say nothing contrary to their 
wishes. I cannot change the line. I can do nothing, all that I can do is to obey his orders. The reason I 
did not go out with you to lay the line is because it was taken out of my hands by the Commissioner. I 
could not keep my promise to you. If any of those who will be fenced inside the pastures wish to move 
out, I will ask the Government to build them houses outside. I will permit them to move." 

Hawk Eagle: — 

"If I am fenced in I want to move." 

Weasel-Bear: — 

«*The promise was that we lease only unoccupied land, that no man's homestead should be disturbed 

that the lines should run so as not to interfere with the men who had built substantial homes. 

"We do not know where the lines run, how much land you have given Lemon, but we know that at 
least thirty-five of the Rock Creek families are surely in the pastures, who went there to settle on lands that 
they intended to take as allotments. These men do not want to abandon their homes. We forbid Lemon to 
build a fence that will enclose these homes. 

" The Delegates who went to Washington put our case into the hands of lawyers. As we now under^ 
stand, there has been no report made to us by these lawyers, stating we had lost our case. We were told to 
await the decision of the White Man's Court. If we can wait patiently for your Courts, why should the 
Commissioner, who is holding such a high office under the President, be permitted to ignore your own Courts 
and order Lemon to build the corral around our people while the case is pending? We forbid Lemon to build 
the fence and this is what we wish you to tell the Commissioner. 

"We have no two plans, only one have we submitted and we stand by that. Take your Committee and 
gladly will we go with you and lay out the boundaries and make a contract with Lemon. We bind ourselves 
to no other contract." 

Agenf Bergenheimer: — 

" How are you going to live ? Your rations are now so small they do not half feed you. You need 
every dollar you can get. After July first they will be still less. You will have to work; where will you get 
work.> I say that I am not doing this. I cannot forbid Lemon to build the fence, I can only tell the Com- 
missioner what you say." 

Weasel Bear: — 

"It is not money or rations that we are considering. We are standing by our rights as men. This is 
our land, and we are the ones to decide what part we shall lease and whether we shall lease anything." 
Agent Bergenheimer : — 

"You arc not leasing this land for nothing, you get big pay, $7.00 per capita yearly. You need this 
money. You have not enough to eat now. Look at your old people, they will starve on less than full 
rations." 

One Bull: — 

If I am stronger than Weasel Bear and go to him and say you have a good farm, I want it, you must let 
me have it. Weasel Bear says, NO! I settled on this farm to make a home for myself and my children I have 
gathered property about me and I am settled for good; in a few years I can support my family comfortably " 
I insist I say, "that has nothing to do with the case, I do not want your place for nothing, I will pay you 



for It.'' Now because I am stronger than Weasel Bear, though I will pay him well, would it be just or right, 

or manly for me to drive him off and take his home ? I say NO. It is wrong, he does not want my pay, he 

wants his home because it is his, and it is his right to refuse to sell or lend. We want to be treated like men, 

not driven like dogs. For twenty years we have tried to learn the white man's way and we came to the courts 

in Washington,— we left our case there, — we thought the courts would rule wisely and justly, as the courts had 

taken our case, — we thought we were recognized as men; but now the Commissioner shows us that the white 

Man's Court is no better than his word and while our case is in court, not yet settled, he orders Lemon to 

go ahead and corral us. We are not brutes, we will not submit. Tell Lemon to stop building the fence, respect 

our manhood, and we will obey the laws; we will lease the part we selected. The land is ours; we will lease 

the Northwest corner and will go with you to make the boundaries and in open council hear his offer, and 

draw up the contract together. We forbid Lemon to go on with the fence. 

Agent Bergenheimer : — 

If any one who will be inside the fence, wishes to move out, I will let him and will try to get lumber for 
you. 

Rose Bud: — 

Where will the money come from, out of which you will buy the lumber.? 

Agent Bergenheimer: — 

It is a special gift from the United States, appropriated each year by Congress. It is called Subsistence 
or Civilization Fund, it is not Indian money, it is a free gift of the United States. It may be that it is from 
the sale of lands prior, but if it is, it was a long time ago. It is a free gift. 

Wakutemani : — 

** No one wants to abandon his home. Wait until we get notice from our lawyers, that we have been 
defeated in the Courts — we are not yet defeated ; the Commissioner has no right to tell Lemon to go ahead. 
Trust the Courts. We want you to forbid Lemon to proceed until the case is decided against us. We have 
made no new contract, we stand by the one talked of in October, 30 miles square on the Northwest corner of 
the Reservation ; and they to pay not less than a dollar a head for the cattle. We protest and we want you 
to tell the Commissioner to stop Lemon until the Court decides whether we have the rights of men or not." 

Agent Bergenheimer: — 

"I will write at once to the Commissioner, but I am afraid I can do nothing. You may sell fence posts 
to Lemon at six and one-half cents per piece and you may haul the wire which is now at Evarts and will 
soon be at Fort Yates. You can earn a great deal of money this way, and your people have not enough to 
eat. You ought to be glad to earn so much money." 

One Bull: — 

**We are Indians and cannot live without wood and water. In winter we cannot live upon the high 
plains and keep our herds. We have to live along the streams, where there are ravines, and brush and shel- 
tered spots and wood and water. This lease will deprive a great many people of their sheltered homes. 
Streams and wood are scarce; we will not lease the best of our lands, we will never consent to have our 
brothers corralled like cattle. We are men like you. Take the Committee and go out with them and decide 
where Lemon shall build his fence; we will agree to that." 

Agent Bergenheimer : — 

"You understand it that way, but I did not understand it so. Still I say, if the Commissioner had let 
me, I would have carried out your plans, but I did not know you were to mark the boundaries." 

Rose Bud : — 

** If you did not understand that the Committee who were selected to go with you were chosen by us to 
mark the boundaries, why did you arrange to meet them and promise to go with them, and why did you say 
yon would have gone if the Commissioner would have let you." 

Agent Bergenheimer : — 

<* I say I would have carried out your wishes as nearly as I could and I would have let you decide the 
boundaries but I did not understand you expected to do so." 

Wakutemani : — 

** We have met here to have a plain talk with the Agent. He now understands what we want. We wish 



I 



him to write at once or telegraph to the Commissioner that we forbid Lemon to go on with the fence until 
the case is decided in the court. We ought to close this meeting by a rising vote on this protest. 
Agent Bergenheimer: — 

" All willing for Lemon to go on, arise (not one)." ( u c 

** All who protest and wish me to write the Commissioner to stop Lemon, rise (the whole house tull ot 

men arose without an exception)." 

Rose Bud: — 

" We desire to have our missionaries to see the letter, we have decided by a unanimous vote that no more 

papers, contracts, etc., are to be signed by us until seen first by our missionaries." 
Agent Bergenheimer : — 
" Who are they ? " 
Rose Bud. 
«* Father Bernard, Winona, and Mr. Deloria." 

Ar'P'MX BkRC ENHEIMER ' ——^ 

" I cannot do that, I will send just as strong a letter as I can but I will not submit my letters to any 
one. However, I will give you a copy, and they can see the copy." 

" We do not mean that we cannot trust you but we feel safer if our missionaries see what is said to be our 
expression, and if we have a copy, they cannot say in Washington we never said it, or that we said something 
else. A copy will do us." 

Wakutemani: — u-i u • 

"'We should close now, it is late, there are many lesser things we want settled by the agent while he is 

here." 



The meeting closed. 



This Report is certified by 



MARY C. COLLINS,b-^Nl\\OUa^\ 

Missionary. 








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Mai-y p. Lord, sixXe sevon years^issionary ori/yResorvation^sLatcxi 
beforelySQi^iate Conniittao on Indian af fair^;, JcLiuary 23 (*^« fi 5R): •Tney 
-re piUing up raore hay each year, noi^ihors of tan vieii^ with aach 
other as to tiic? nunhe4)f loads. During the iiaying season it is the 
one topic of conversation, and for weeks sornetines the village Is 
nearly depopulated, because the radians are out in their hayii'i^ oai-ops. 
Some liave purchased their own inplementt, and therefore do not have 
to wait thoir turn for the nowin^ naciiines which have been issued by 
the Government for thei^* use in common. Ab the puttir^ up of hay is^ 
80 essential to provide for their siook auring the deep snows and 
fierce bliazaiHls of a Dakota wintoi*, it is necessary that each Inaian 
shall have his Ixay land reserved, as well as his graaii>g land. This 
hay land is soraet lines from 5 to 10 miles from the Incian's home' . 



^™0RA1^)UM RESPECTING THE LEASING OF LANDS ON THE STANDING ROCK 

RESHIVATION. 

The recent action of the Indian Office in leasing or attempting 
to lease the greater part of the Standing Rock Sioux Indian Reser- 
vation in the Dakotas involves two entirely separate and independent 
questions— one a question of principle, the other a question of 

policy and detail: 

(1) Shall the Government through its Indian Bureau openly and 
flagrantly violate existing treaties with Indians and existing laws 
respecting the administration of Indian affairs? This is a matter 
of vital importance in our future relations with various tribes. 

(2) Shall the Government insist on leasing the greater part 
of the Standing Rock Reservation against the wishes of the Indians 
and in violation of an agreement recently made between them and the 
Agent of the Reservation? Or shall it by friendly council strive to 
adjust the difficulty? 

1. Thft Principle Involved. 



The first question is, does our Government deliberately intend 



and 



obliga- 



tions? 



Oongr 



ident will permit such a course, the facts remain that the Agents 
of the Standing Rock and Rosebud Reservations have been instructed 
to open these reservations for grazing purposes on the permit sys- 
tem without the consent of the Indians, that the Rosebud Reservation 
has been so opened, and that the recent leasing of lands in the 
Standing Rock Reservation is in violation of treaty rights. 

One of the greatest obstacles in the way of the harmonious ad- 
justment of difficulties with Indians throughout the country is the 



undue Imste recently exercised by the Indian Bureau in attempting 
to force the Indians to do or not do various things. We are crowd- 
ing the Indians too fast all along the line. The pressure should 

be relaxed a little. 

Most Indians are intelligent, reasonable beirigs; easy to deal 
with if approached in the proper spirit. In matters vitally af- 
fecting their interests they like to be consulted, not driven by 



brute force. 



2. HfiSK. 



thfl Standi 




agre 



Briefly, the history of the case appears to be, that after 
the Indians were frightened by the order from the Indian Office at 
Washington, instructing the Agent to open the Reservation for graz- 
ing on the permit system on January 1, 1902, they agreed to lease 
certain unoccupied lands, the boundaries of which were to be estab- 
lished by a joint cornnittee or cornnission consisting of three or 
more Indians, to be selected by the Indians on the Reservation, and 
one or more representatives of the Government. But the 
which the Agent drew up for their signatures merely recited that 
unoccupied lands were to be leased. 

The Indian Office, without giving the Indians a hearing or 
consulting them in any way, immediately on receipt of the signed 
agreement from the Agent, advertised for bids for leasing more thaj 
three-quarters of the Reservation. Seventeen days after the first 
advertisement, bids were opened at Washington. The bids varied 
from 3 cents to 3 cents and half a mill per acre, notwithstanding 
the fact that less desirable land immediately south of the Reser- 
vat ion is leased for 5 cents per acre. 



A large tract, comprising 730,880 acres on the west and north 
sides, was leased to a man named Lemon, and another lease (the 
Walker lease) covering a large area in the soijthem half of the 
Reservation, was drawn up and has either been executed or its ex- 
ecution is pending. The area included in these leases is said to 
take in the homes of nearly two hundred families of Indians. 

The proposition of the Indian. Of f ice is to leave the Indians 
where they now are and furnish them with wire fencing by which they 
are expected to fence individual holdings a± the rate of 40 acres 
for each head of stock owned by them. On this basis, several In- 
dians would each have to put up from five to ten miles of fence in 
order to protect their own stock, and the aggregate of fencing 
would be many times greater than if the lands occupied by the In- 
dians were collectively fenced out from the land to be occupied by 
the cattlemen. It is said that there is not enough timber in the 
river bottoms to furnish posts for so much fencing, and that this 
timber is needed by the Indians for other purposes; moreover, sev- 
eral years would be required to build the fences if they must be 

put up by the Indians. 

The Indians have already expressed their willingness, under 
existing circumstances, to allow the Lemon lease to stand and to add 
thereto a strip six miles in width in the southempart of the Re- 
servation, and a strip of equal or greater width in the northern 
part; but they are unalterably opposed to the Walker lease in con- 
nection with the requirement that they be obliged to fence their 
stock in individual holdings. These Indians now own 15,000 head 
of cattle, and the increase last year v^as a thousand head. 

If the G-overnraent is determined that this land be leased, a 
wise course would seem to be to require the cattlemen to fence out 



agreed 



In 



the Grand River district an east and west fence on the north side 
of the River, and about three miles therefrom, would seem to accom- 
plish the desired end. Should it be insisted that even more land 
than this must be leased to the cattlemen, the tract south of Grand 
River, beginning three miles south of the River, might be similarly 
leased and fenced. This would leave the Indians a strip six miles 
wide along the River valley and would secure them in most cases the 
little patches of grass land from which they cut their hay for win- 
ter use. Most of these patches are^,distant from the River 1-5 
miles. It is the custom of the Indians to put up for winter feed 
l^^rZ tons of hay per head of cattle, and as they own 15,000 head, 
the amount necessary would be about 25,000 tons. They own also 
several thousand horses which they feed a little hay in winter, 
is obvious therefore that the preservation of these small and scat 
tered patches of hay-grass is of the highest necessity to their 
welfare. Standing Rock Reservation is in the 



It 




region where 



agricu 



ture for the Indians appears to be in stock raising. 

There is little doubt that a competent man whom the Indians 
rAsriftfit and believe, could induce them to agree to any reasonabl 



proposition 






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miORAIIBUM RESPECTINCr THE STANDING ROCK INDIAN RESERVATION 



For a lorvs 'tiin© the Indians have been pressed to lease part 
of their Reservation to cattlemen, which they were ijnwilling to do. 
Finally, late in the year 1901, the Indian Agent at Standing Rock 
Agency showed the Indians an order he had received from the Indian 
Bureau at Washington instructing him to open the Reservation on the 
permit system January 1, 1902. This frightened them so that they 
decided it would be preferable to lease the northwest corner of the 
Reservation where stock could be ranged without interfering with 
their own stock, rather than admit stock under the permit system 
which allov/s stock to range emyv/here at one dollar per head. After 
talking it over for some time among themselves they agreed with the 
Agent to lease the northwest corner, the exact boundary to be es- 
tablished by a joint conmittee consisting of tliree Indians to be 
selected by the tribe, and someone designated to represent the (rov- 
ernment. The Agent drew up a brief document for their signatures 
reciting that the unoccupied lands v/ere to be leased for grazing 
purposes at a rate of one dollar per head or more, but saying noth- 
ing about the area to be leased, or hov/ its boundaries were to be 
fixed. The document was immediately forwarded to Washington and 
the Indian Office forthwith advertised for bids. Seventeen days af- 
ter the first appearance of this advertisement the bids v/ere opened 
in the Indian Office at Washington. That the cattlemen in the 
neighborhood were fully apprised of what was going on and had 
formed a pool agreeing on rates, is indicated not only by the short- 
ness of the time but by the fact tliat the bids varied from three 
cents to three cents and half a mill per acre. The highest bid was 
at the latter figure. Land in the Cheyenne Reservation immediately 



south leases for five cents per acre and land on the opposite side 
of the Missouri for twelve cents per acre. The a^eement signed by 
the Indians said nothing about acres but specified that they should 
receive at least one dollar per head for stock. MThe agreement that 
the boundaries of the area to be leased should be fixed by a joint 
committee v/as absolutely disregarded, and the Indian Bureau promptly 

« 

drew up leases for the western two-thirds of the Reservation^ as 
shovm on the accompanying diagram. The Indians claim that 150 fam- 
ilies live along the stream bottoms in the tracts covered by the 
Walker and Lemen leases, the greater number being on Grand River 
in the Walker lease. If I am correctly informed the Indian Bureau 
intends to execute this Walker lease (if it has not already been 
executed), reserving for the Indians the lands they actually occupy 
on the basis of 40 acres per head of stock. The Indians are to be 
supplied with wire for fences, but must cut, haul, and plant their 
own posts, and put up the fences. These Indians now own about 
15,000 head of cattle and about half as many horses. Those owning 
the largest number of stock v^ould have to build ten miles of fence 
in order to enclose the land which the Indian Bureau is willing to 
exempt from the leases. The Indians are nov/ so badly frightened 
that they say they will accept the Lemen lease as it now stands 
(embracing &«cm 730,880 acres) and will even add to this a strip 
six miles v/ide on the east of the southern part^ and a still broader 
strip on the east of the northern part^ as indicated on the diagram. 

The points at issue appear to be 

(l) That the agreement which the Agent drew up and to which 
he secured the signature of the Indiajis, stated only part of the 
articles agreed upon, saying nothing wlmtever as to hov/ much land 
was to be leased or how its boundaries were to be determined. 



t 

(2) The agreement provided that payment for the leasing privi- 
lege should be at the rate of one dollar per head of stock. The 
actual terms of the leases executed by the Indian Department are 
at the rate of three cents and half a mill per acre of land. 

The Indians are willing to lease an L-shaped tract extending 
completely across the west end of the Reservation and covering the 
greater part of the north half of the Reservation, the v/idth of 
this tract in the G-rand River valley and on the south border of the 
Reservation to be twenty-five miles. They are unwilling to lease 
any land in Grand River valley east of a point tv/enty-five miles 
east of the western border of thesr Reservation. 

The question is also raised as to the authority by which the 
Indian Office promulgated its order to the Indian Agent instructing 
him to admit cattle on the permit system. 



mAORAlIDlIIvI RESPECTINa THE LRASINa OF LAIIDS OK THE STAIIDIlICr ROCK 

RESERVATION. 

The recent action of the Indian Office in leasing or attempt ir^ 
to lease the greater part of the Standing Rock Sioux Indian Reser- 

* 

vation in the Dakotas involves two entirely separate and independent 
questions—one a question of principle, the other a question of 
policy and detail: 

(1) Shall the (rovernment through its Indian Bureau openly and 
flagrantly violate existing treaties with Indians and existing laws 
respecting the administration of Indian affairs? This is a matter 
of vital importance in our future relations with vai'ious tribes. 

(2) Shall the Grovernment insist on leasing the greater part 
of the Standing Rock Reservation against the wishes of the Indians 
and in violation of an agreement recently made between them and the 
Agent of the Reservation? Or shall it by friendly council strive to 
adjust the difficulty? 



1. 



inciple Involved . 



The first question is, does our Grcvernment deliberately intend 
to stultify itself by ignoring and violating its treaty obliga- 
tions? While it is not believed that either Congi'ess or the Pres- 
ident will permit such a course, the facts remain that the Agents 
of the Standing Rock and Rosebud Reservations have been instructed 
to open these reservations for grazing purposes on the permit sys- 

* 

tern without the consent of the Indians, that the Rosebud Reservation 
has been so opened, emd that the recent leasing of lands in the 
Standing Rock Reservation is in violation of treaty rights. 

One of the greatest obstacles in the way of the harmonious ad- 

< 

justment of difficulties with Indians throughout the country is the 



undue haste recently exercised by the Indian Bureau in attempting 
to force the Indians to do or not do vai-ious things, We are crowd- 
ing the Indians too fast all along the line. The pressure should 

be relaxed a little. 

Most Indians ai-e intelligent, reasonable beings; easy to deal 
with if approached in the proper spirit. In matters vitally af- 
fecting their interests they like to be consulted, not driven by 



brute force. 



2. W q y ?^hall t he Standi 




iiLj. 



Briefly, the history of the case appears to be, that after 
the Indians were frightened by the order from the Indian Office at 
Washington, instructing the Agent to open the Reservation for graz- 
ing on the permit system on January 1, 1902, they agreed to lease 
certain unoccupied lands, the boundaries of which were to be estab- 
lished by a joint committee or commission consisting of three or 
more Indians, to be selected by the Indians on the Reservation, and 
one or more representatives of the Government. But the agreement 
which the Agent drew up for their signatures merely recited that 
unoccupied lands were to be leased. 

The Indian Office, without giving the Indians a hearing or 
consulting them in any v/ay, immediately on receipt ofthe signed 
agi-eement from the Agent, advertised for bids for leasing more than 
tliree-quai'ters of the Reservation. Seventeen days after the first 



Washingti 



The bids varied 



from 3 cents to 3 cents and half a mill per acre, notwithstanding 
the fact that less desirable land immediately south of the Reser- 
vat ion is leased for 5 cents per acre. 



A large tract, comprising 730,880 acres on the west and north 
sides, v/as leased to a man named Lemon, and another lease (the 
Walker lease) covering a large area in the southern half of the 
Reservation, v/as drawn up and has either been executed or its ex- 
ecution is pending. The area included in these leases is said to 
take in t?ie homes of nearly two hundred families of Indians. 

The proposition of the Indian Office is to leave the Indians 
where they now are and furnish them with wire fencing by v/hich they 
are expected to fence individual holdings at the rate of 40 acres 
for each head of stock owned by them. On this basis, several In- 
dians v/ould each have to put up from five to ten miles of fence in 
order to protect their own stock, and the aggregate of fencing 
would be many limes greater than if the lands occupied by the In- 
dians vrere collectively fenced out from the land to be occupied by 
the cattlemen. It is said that there is not enough timber in the 
river bottoms to furnish posts for so much fencing, and that this 
timber is needed by the Indians for other purposes; moreover, sev- 

« 

eral years would be required to build the fences if they must be 
put up by the Indians. 

The Indians have already expressed their willingness, under 
existing circumstances, to allow the Lemon lease to stand and to add 
thereto a strip six miles in width in the southern part of the Re- 

ft 

servation, and a strip of equal or greater width in the northern 
part; but they are unalterably opposed to the Walker lease in con- 
nection with the requirement that they be obliged to fence their 
stock in individual holdings. These Indians now own 16,000 head 
of cattle, and the increase last year was a thousand head. 

If the Government is determined that this land be leased, a 
vase course v/ould seem to be to require the cattlemen to fence out 



a^eed 



In 



the (Jrand River district an east and west fence on the north side 
of the river, and about tliree miles therefrom, would seem to accom- 
plish the desired end. Should it be insisted that even more land 
than this must be leased to the cattlemen, the tract south of Grand 
River, beginning three miles south of the river, might be similarly 
leased and fenced. This would leave the Indians a strip six miles 
wide along the river valley and would secure them in most cases the 
little patches of grass land from which they cut their hay for win- 
ter use. Most of these patches are from 1 to 3 miles distant firom 
the river. It is the custom of the Indians to put up for winter 

a 

feed li - 2 "^o^s of hay per head of cattle, and as they own 15,000 
head, the amount necessary would be about 25,000 tons. They own 
also several thousand horses which they feed a little hay in winter. 
It is obvious therefore that the preservation of these small and 
scattered patches of hay-grass is of the highest necessity to their 
welfat-e. Standing Rock Reservation is in the arid region where 
there is no agriculture without irrigation and where the only fu- 
ture for the Indians appears to be in stock raising. 

There is little doubt that a competent man whom the Indians 



agree 



proposition. 












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On Ja..v-rjr 23 Conrissioner Jones stated beforo the Senato Corainit/- 
toe on Indian affairs: 

•The loato provides that the tract rmist le fenc ;d at the ex- 
pense of the lessee; * and a^&in 'ti.c lossoos cannot put a slii^lo 
head on the»*e until they have fenced UtQ land. Tlio'-o is no question 
about ti.at*. ("t9Btimony,p2t,e 45). 



The sar;e day Gonnissioner Jones sfiid (p. 68): *I will state as to 
the fa^nilies livln^^ in tYie proposed leased tract tliat we propose to 
give them all the wire they will neea to fenoe their holaings, both 
as to their meadow lands aad al«o in whatever other tracts thay may 
want. 1& insist tliat they aliaii do their own fOKoli^'*. 



Mr*Tm#»4#ll ttatod bofori) the G^nnittea: ^ was not until the 
Indians came tt5 fash listen thiat they heara what the proposition was— 
that they wer9 to incloaa their lanas with a wirt fence. Tlie propo- 
sition is that the Oovemment shall furnish the wire, and the Indians 






shall get the posts, dig tiie holes, and put thera down. But we do not 
know w}ie»»e the wire is, whether at Bisinarck or where. We uo not kno 
w]:ere the posts ai«e» And it puts upon the fncians with 100 head of 
cf.ttl9 tliO necessity of putting up iifl| Billet of fenoe to close them 
it. I have fi^re4 it all out oarefullt*.(^o»^feL^,y,.^%} 



/ 



On Janua*7' 23, 1902 Conmissionor Jones stated before the Senate 
Committee on Indian affairs: 

Vfhe statement was jnado by Mr.Priineau that tho Indians wore 

ike. 

forced into this leasing proposition for fear of ,ponnit systeir., 
Spnator Jonas of Arkans as : ""Did you write a letter to somebody out 
there sayir^ the poi^irit systam would l*e inaugurated?" 

CowiBi; JopM I *!lo,»lr; nor did any body els0^#{Tirt^.^|,, co) 

% mm»D!t Iftter a Ittitr «m produo»4 and read, signed by W.A. 
JoM«, CoBKtwimimf t 4l|t»d Oct .9,1^^ and addi^etBed to Q«o*H*6ii^en- 
hel«e^4 Indian %U, Standing %^ ^eaoy* which begins $0 f oliowi^: 
•t4!»« ¥ou ttre «d»iami th«t th$ Seoretai^ of tho fntoriep, on 
tho 4th ln»ta»t, granted w.tiiority for the ii^i^urution of the permit 
systdf^'i «f taxation for reaiaont cattle and tho permit systen of pas- 
turaga for outside eaitia on tha Stanciir^ Re^K Raaorv at ion, subject 
to the following conuitions: Ihe systert: shall bo inau^urateu to bo- 
giii January %, 19^; the rate for bot^i resident ana outsiae stock 
(whether horses or cattle) ahfeil be $1 per head i-er annum; each 
f-mily hwrlug ri^its on Uie raaarvatloB ahall be exapmt from the j 
ment of tho tax to the extent of 10^ head, and shall be required 
to pay only for the excoas; owners of outside stock sh^ll pay for tlio 
full number of stOKjk (iraaed; paiTJcny shall be required semiannually 
in advance, and nonrosiciont owners sliall bo required to give bond to 
secure the deforced paynont; permits shall bo issueo for only one 



^y' 



year » 



acoerd 



aUf urate the permit system of taxation for rosident stock, and tlie 
permit system of pastura^^e for non>'esic.Gnt stock, in accordance v/ith 
the Secretary's authority and tho instructions he^^ein contained. . . . 



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•Should you noet with ariy special aifficulty in carrying out 
these instructions, the sjine should bo pronptly roportod to thif 
office. The mattor should rocnive insnediate attention, that the 
gyslom shall bo in working »g€eF on Januar^y 1, i902.* ('^"^"^^)1'P-^'''V 



f 



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On Kebruarjr 4, 1902, Geo. ii Bigon}i3ilm9r, agent at, Standing Rock 
Agency appeared before the Se/iate Corriniittee on Indian i^lairs and 
stated that he ^did not know tiiOro was any complaint* on the part of 
the Indians. l^^=^^'--^^'^»-*^^ P. 7i) 

Arkansat : •Die they a^ee to th. Walker leas^ ?• 



ggnat^y Jone a : *Tou are the agent, and ought to have known*. 

Bl^i^wteor: •Te«,but r heard nothij^ about it to.the contrarv*. 
Senator Jon^i *they K'.r« boon talklr^ to tho Connlttee fo»« the last 
imp or three we»kft, anci it is 9irwaQ9 it hsis not come to your ears*. 



s, 



Respecting the a^reorient letweob the Agent ana the Inuians about b 
' the area to be leased! 

Thund er Havyk stated to Senate Cormittee (?ob.4,1902,throufih in- 
terpreter): •This was Qociaed upon in a g^enerai council of all the 
Inuians, ana tnere *• 8 a cowiTiitteo of throo f.ppointod. one of which 
v/as myself. Valking, Shooter, ana the tj^ent, with the interpreter, to 
see '.yhich way that line should go. and we have waited all winter with 
the undd^tandii^ that in the spring wo should go out and show the 
ilgent who*'© the faXker le«ta would go*, . , .(V-^^. 




Mr . B in^.y ilie iwe^ ; •They w«?»9 te go with p», ana thoy 'ere to assist 
me ill iiartLin|iBff tho er.tire land** 




Mr.Chai 




_ : •Wd you do thfttt*" 
Mr.Eigenheinwr-: •We havo not had time* ^ - — ^ 




pA^/ 



Senator Jonog of A£kaH*^li*The lair requires tliat the consoiiL of 



had with ^^gard 



Vw(C 



\ 






land; ana tiie statement .by tlia agent that these Indians, in 



prK)v 



signate wiiat were tho unoocupiod lands, and the^o can be nothiiTg else 
done under the law in rogard to this agreoirent*. 

Comriissioner Jones: "There is nothing, o£ tliat kind oa the record* 
Senator Jonos, of Arkansas :f It makes no aifforenco wliat is on' the 



record f 



■■^ ■w 



♦test. 89-90 

CoinaY.Jones : • The a^^eement was Uiat they should lease the unoccupied 

lands* . 

Mr.Bi^enhemer: "We had our council of Inaians, and they agroea to 

lease tlio land* . 

TIr.C haiman ; • The unoccupied landst* 

Mr. Bi^enheimer ; ♦Yes; the unoccupied lands* 

ChairM*: •llhai is yov.r understanding of unoccupied?* 

►: •They oa»e to we and »mid.»le want Thunder Hawk and 
Shooter to aw lit you ar^ the interpreter to go out there aiid 




stake it out; 



agreed 



^T'KtM 



Mr. Chairman: "You agreed te ^ it. Then ?Sa^tfanted you and those 



gentlenen to lay out the unoccupied landar 

Mr .BigenheJURsr ; •Yet*. 

to.Chalmjni llhy .J-.oula It ni»t be aono n«f? *hy not do ju«t «hat 

you a^feeu to do? Then it -oula be entirely .atlsfaoton' to the 

cotrwittea ana oven-body else'- 

der. let them alo«, mi the Imlans .ill be .ati.fied.' 

Senate. Jon... of M5-«*- '«» ^^ " ' '^ <"»"=^™'"' ' "'" ''' 
::;rZ^ir.^ that tha.e Indian. si.U consent to whatever loose 
.hall be «de. and. aoccair^ to year st«te..nt. they .e^e to point 

• ^ lo^'fl That is the undei^si.anaing. So nr 
out what were unoccupied lan^.». That 

* •«.*.,m4« iflavirii= it to you to say tiif*t trio^ 
as I am concerned, I ao not purpose leaving, ii. . ^ 

1 - 4' o+ +VfttT have not oonsentec. to • 
shall a^ree to a lease ti^at tt o, nave not 






\ 



IM.IORANDUM 



RESERVATION. 



On February 4, 1902, George H. Bigenlieimer, Indian Agent at 
Standing Rock Agency, appeared before they^pommittee on Indian Ai- 
fairs and began his testimony that he "did not know there was any 
complaint" on the part of the Indians with respect to the leases 
under negotiation, v;hereupon Senator Jones of Arkansas remarked 
that it was strange the matter had not come to his ears in vieen of 
the fact that the Indians had been talking to the Committee on the 
subject for the previous two or three weeks. 

The agreement between the Agent and the Indians as to hov/ the 
boundaries of the leased lands were to be fixed appears from 
Mr. Bigenheimer's own testimony ^Evidence before Senate Committee, 
pp. 89-90]; 



agree 



Mn. Bi genlieim er: "We had our council of Indians, and they 
sa to lease tne 1 



ease the land". 



Hk.' Chairman : "The unoccupied lands?" 

Mr . Bige n heimer ; "Yes; the unoccupied lands". 

Mn. Chairman ; "What is your understanding of unoccupied? 



Hawk and 



irae: 



_ "They came to me and said, *^^We want Thunder 
.n^ isn'ooter to assist you and the interpreter to go 



Mjr. una ir man 
these gentlemen ti 



1^^ . Bigenheimer : "Yes 



,: "You agreed to it. Then they v/anted you 
lay out the unoccupied lands?" 



and 



Mn. Chairman : "Why should it not be done now? Why not do iust 
what you agreed lo do? Then it would be entirely satisfactory to 
the committee and everybody else". 

In view of the above admission it hardly seems necessary to 

raise the question as to whether an agent who has violated his own 

agreement with his Indians is a fit person to be continued in office. 






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Have the Standing Rock Indians 

Fairly Treated? 

A Reply to Commissioner Jones's Letter' 

By George Kennan 



been 



I HAVE read attentively the reply 
of the Indian Commissioner to my 
recently published article. I shall 
Tcfrain from expressing any opinion with 
regard to its merits as a defense, because 
I do not wish to be discourteous ; but I 
will take up, in their order, the points 
that Mr. Jones attempts to make, and 
briefly consider them. 

1. He defends his illegal "permit- 
system order" of October 9, 1901, by 
saying that the reservation was overrun 
by trespassing cattle, and that it was 
better, in the interest of the Indians, to 
' collect a dollar a head from the owners 
of such cattle, under the permit system, 
than to let the "freebooters" get their 
pasturage for nothing. I am not pre- 
pared to admit that illegal action on the 
part of the trespassers justified the De- 
' partment in condoning and sanctioning 
the illegality by accepting payment from 
the wrong-doers ; but it is not necessary 
to go into the merits of that question, 
inasmuch as there is very great doubt as 
i to the existence of the alleged evil. 1 he 
! Indians themselves have never complained 
' ! of " treebooters ;" I have not been able 
to find a single reference to trespassing 
cattle in the reports of the Standing Rock 
agents to the Indian Office ; trustworthy 
persons who have just come from the 
reservation assure me that there are very 
few, if any, trespassing cattle within its 
limits. Agent Bingenheimer said, less 
than a year ago, " You can ride across 
the country for days and never see a 
i critter" (Sen. Doc. 212, p. 91); and Mr 
Jones himself declared, on the 23d of 

: "Trhe letter of Commissioner Jones tp w'''<:V\' n?n ' 29 
March 29 last. 



last January, before the Senate Committee, 
that "there is a lot of idle land there 
which is used neither by the Indians nor 
by anybody else'' (Sen. Doc. 215, p. 67). 
I find complaints of trespassing cattle in 
the reports of agents on other Sioux 
reservations— particularly Cheyenne River 
and Rosebud— but not one from Standing 
Rock. If the cattle were there, why did 
not the Indian Office have them removed ? 
Removal, apparently, would not have been 
difficult. Agent McChesney reports to 
the Commissioner that his farmers, with 
the aid of a few Indian police, removed 
8,000 trespassing cattle from the Rose- 
bud Reservation in 1899. (Rep. of the 
Indian Commissioner for 1899, p. 341.) 
There are nearly 4,000 Indians on the 
Standing Rock Reservation, and they own 
1 0,000 horses. Is it conceivable that they 
could not have driven off the trespassing 
cattle if there were any there ? And is it 
probable that they would have submitted 
to such a trespass without protest if it had 
any real existence ? 

The Commissioner assured the Senate ^ 
Committee that there have been for years, 
and are now, more trespassing cattle on 
the Standing Rock Reservation than it is 
proposed to put on under the leases. 
(Sen. Doc. 212, p. 18.) As Lemmon and 
Walker, under the terms of the leases^ 
are to have a right to put one head of 
stock on everv forty acres, or 30,000 head 
on the 1,200,000 acres of leased territory 
(Sen. Doc. 212, p. 46), the Commissioner's 
statement to the Senate Committee is equiv- 
alent to an assertion that there are more 
than 30,000 trespassing cattle on the reser- 
vation now. How does he propose to 
reconcile this assertion with his other state- 
ment that ^' there is a lot of land there 




91 

Dt be jus- 
If there 
jlndians, 
ligation. 
up by the 
id sought 
id legally, 
n in any 
•m con St i- 
lie " end 
1 the in- 
aods that 
up, and 
mise and 
ht. The 
ate Com- 
econsent 
ahds was 
tiie coer- 
it-system 
, not be- 
because 
Wcause 
ifessure," 
/stem in 
faking, 
I a club. 



L 



ission- 
luestion : 
lied con- 
to which 
ins were 
scretion- 
ions and 
jnt? 

he coun- 
\ of the 
•eement, 
ong the 
Depart- 
; a legal 
t sense, 
istances 
ssertion 
• power 
lo their 
lay not 
Cpupied 
ly one- 
itt they 
t town- 

•In 

lease a 
**' small 
discre- 
i whole 
on-acre 



■•••^•wm 



1902] 



The Standing Rock Indians 



91 



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which is used neither by the Indians nor 
l)y anybody else/' and with Agent Bingen- 
"heimer's assertion that " you can ride 
across the country for days and never see 
a critter " ? 

As a matter of fact, the Standing Rock 
Reservation is not overrun by trespassing 
cattle now, and it never has been. This 
defense of the illegal " permit-system 
order," therefore, is a breastwork of straw. 

2. In a letter from New York to Assist- 
-ant Commissioner Tonner, written on the 
ISth of May, 1901, Mr. Jones expressly 
said that he could not inaugurate the 
permit system without the Indians' con- 
:sent, and directed the Assistant Commis 
^ioner to ascertain from Agent Bingen- 
heimer, by telegraph, whether the Indians 
had not ** experienced a change of heart " 
in the matter. If they had — that is, if 
they would consent — he "would issue 
permits at once " (Sen. Doc. 212, p. 63). 
He now says, in reply to my article, that 
the Indian Office " did not contemplate 
securing the consent of the tribe " for 
the inauguration of the permit system, 
** neither did it require such action.'' In 
May last he said he must have the In- 
dians' consent, and now he says that he 
didn't need it and had no idea of asking 
for it. Which statement is true ? It is 
-hardly possible that both can be true. 

But there is another point of that per- 
piit-system order upon which Mr. Jones 
contradicts himself. The last sentence 
-of the order reads as follows : " Due care 
should be taken by you " (Agent Bingen- 
lieimer) " /wf to admit such number of out- 
side stock as to overgraze the lands." If 
this means anything, it certainly means 
that the Commissioner expected the order 
to result in the bringing in of " outside 
stock." He now says, however, in reply 
to my article, that " there was no proposi- 
tion nor intention to invite cattlemen to 
bring in additional numbers of cattle for 
grazing purposes ; it " (the order) " sim- 
ply provided that a tax of %\ per head 
should be paid for grazing " (trespassing) 
" stock already on the reservation." The 
order says outside cattle are to be brought 
in ; but his reply declares that there was 
no intention to bring outside cattle in. 
Which of these statements is true ? 

If there were no trespassing cattle on 
the reservation, the permit-system order 
•which frightened and coerced the Indians 



into an agreement to lease cannot be jus- 
tified or excused on that ground. If there 
was no consent on the part of the Indians, 
it was in violation of a treaty obligation. 

The only other defense set up by the 
Commissioner is that " the ertd sought 
justifies the means." Morally and legally, 
that is a very shaky proposition in any 
circumstances, and it is far from consti- 
tuting a good defense when the "end 
sought " was the acquirement, in the in- 
terest of a cattle syndicate, of lands that 
the Indians had refused to give up, and 
the " means " were a broken promise and 
a violation of a guaranteed right. The 
testimony given before the Senate Com- 
mittee shows conclusively that the consent 
of the Indians to lease their lands was 
obtained from them by means of the coer- 
cive influence of this illegal permit-system 
order. They consented to lease, not be- 
cause they wanted to do so, nor because 
they were willing to do so ; but because 
they were, as they said, " under pressure," 
and could escape the permit system in 
no other way. Metaphorically speaking, 
their consent was obtained with a club. 
(Sen. Doc. 212, pp. 51-53.) 

3. The next point of the Commission- 
er's reply raises the following question : 
When the Indians gave a qualified con- 
sent to lease — that is, a consent to which 
certain stipulations and conditions were 
attached — had the Department discretion- 
ary power to ignore all the conditions and 
still hold the Indians to the consent? 

The Commissioner says that " the coun- 
cil proceedings" (the conditions of the 
consent) " were in no sense an agreement, 
unless it be an agreement among the 
Indians themselves, to which the Depart- 
ment is in no sense a party." As a legal 
proposition, and in a very strict sense, 
that maybe true ; but in the circumstances 
of this case it amounts to an assertion 
that the Indians have no right or power 
to attach any stipulation whatever to their 
consent to lease lands. They may not 
say that they will lease only unoccupied 
lands ; nor that they will lease only one- 
third of their reservation ; nor that they 
will lease only a certain specified town- 
ship. If they once consent to lease a 
single acre as pasturage for one small 
foreign calf, the Department, in its discre- 
tion, may take away from them a whole 
million acres, throw that million-acre 



x-fi.. 



92 



The Outlook 



[3 Majr 



1902] 



tract open to foreign cattlemen, and then 
say to them (the dissatisfied Indians), 
" Your council proceedings, by which you 
attempted to limit the amount of land you 
would lease, have no binding force as 
against the Department It is true that 
we can't take a single acre of your reser- 
vation without the ^'authority of your 
council speaking for you ' " (Act of Con- 
gress of February 28, 1891), "but if you 
once consent to lease that single acre, we 
can throw open to cattlemen as much of 
your territory as we think best — occupied 
or unoccupied — and upon such terms as 
we choose." 

That may be good law, but it strikes 
me as a very dubious proposition from an 
ethical point of view. The Act of Con- 
gress which authorizes the leasing of 
Indian lands reads as follows : 

" Where lands are occupied by Indians 
who have bought and paid for the same, 
and which lands are not needed for farm- 
ing or agricultural purposes, and are not 
desired for individual allotments, the 
same may be leased by authority of the 
council speaking for such Indians, for a 
period not to exceed five years for grazing 
or ten years for mining purposes, in such 
quantities and upon such terms and con- 
ditions as the agent in charge of such 
reservation may recommend, subject to 
the approval of the Secretary of the In- 
terior." (Act of Congress of February 28, 
1891.) 

I do not know whether this law has 
ever been judicially construed or not; but 
its intent would seem to be to give the 
Department a certain supervisory control 
over the decisions of the Indian councils 
in the matter of land, with a view to re- 
straining such councils when they show 
a disposition to lease their lands injudi- 
ciously, in too large quantities, or at a 
foolishly low price. Its object was to 
protect an inexperienced and naturally 
improvident people from exploitation by 
the whites. Congress, apparently, in- 
tended to say : " You may lease, for your 
own benefit, such parts of your lands as 
you do not need ; but you must act in such 
matters through your council, and its 
decisions, as to the quantity of land to be 
leased and the terms of payment therefor, 
are subject to Departmental supervision 
and control." It seems to me extremely 
improbable that Congress intended to give 



the Interior Department power to lease- 
two million acres of land that the Indians, 
had "bought and paid for," when the 
council had agreed to lease only one-third 
of that amount, and to turn cattlemen 
and their cattle into the occupied parts of 
the reservation when the council had con- 
sented to lease only the unoccupied parts. 
4. But there is another aspect of the 
case that should have attention in connec- 
tion with the Commissioner's plea that the 
conditions of the Indians have no binding 
force on the Department, ^ffer beings 
frightened by the threat of the permit 
system, the Indians were finally induced 
to consent to a lease by certain promises, 
and representations made to them by the 
Department's agent. Mr. Bingenheimer 
admitted, before the Senate Committee, 
that the Indians agreed to lease only their 
unoccupied lands ; that he " did not pro- 
pose to lease anything they wanted ta 
use;" that he distinctly promised then^ 
that the unoccupied land should be deter- 
mined and its boundary fixed and staked 
out by a commission to be composed of 
three representative Indian chiefs and 
himself ; and that this promise or agree- 
ment had nqt been fulfilled. (Sen. Doc. 
212, pp. 84, 85, 89, and 90.) If Mr. 
Bingenheimer did not report these prom- 
ises and representations to the Indian 
Office, and did not inform the Commis- 
sioner that the Indians were relying on 
them, he dealt unfairly not only with the 
Indians but with the Department whose 
agent he was. If, on the other hand, he 
did report them, and they were found 
objectionable, the Department should have 
disavowed them and given the Indians a. 
chance to recall their consent. It may 
have been legal, but it certainly was not 
fair, to hold the Indians to their consent 
and at the same time repudiate the Bin- 
genheimer promises by means of which 
tliat consent was obtained. This was 
evi.cjently the view of Senator Jones (of 
Atlcansals), who said htfore the Senate 
Committee: "The law requires that the 
consent of these Indians shall be had 
with regard to whatever shall be done 
with this land ; and the statement was 
made by the Agent that the Indians, in 
their council, provided that a committee 
should be appointed to designate what 
were the unoccupied lands; and there can 
nothing else be done under the law ia 



The Standing Rock Indians 



95 






.► 



A» 



/, 



V» 



regard to this agreement . . ." The 
committee was to point out to the Agent 
what was unoccupied land. " When you 
go out " (addressing Commissioner Jones), 
" you point out a lot of land they have not 
designated, and you say if there are some 
who do not want to stay in it, they may 
fence off their land." (Sen. Doc. 212, 
pp. 89 and 87.) 

This was evidently the view also of 
Senator Stewart, the Chairman of the 
Senate. Committee, who said: "The 
Indians were to lease unoccupied lands, 
and it was their understanding that there 
was to be a committee of three appointed 
to designate them. That should be car- 
ried out." 

S. The question that now presents 
itself is, " Why were the promises made 
by Agent Bingenheimer not fulfilled; and 
why did he not go out with the Indian 
committee last fall to fix and stake out 
the boundary of the * unoccupied land ' 
as he agreed?" The Commissioner's 
reply throws no light upon this question, 
but I can answer it, if he does not. The 
boundary-lines of the territory to be 
leased had been fixed in the Indian Of- 
fice, and the leases had been drawn and 
printed before the Itldians gave any con- 
sent ^h^tever to lease any part: of their 
lands. The Commissioner felt so sure, 
apparently, that the threat of the permit 
system would bring the Indians to terms 
that he decided what part of their reser- 
vation he would give to the cattlemen, 
fixed the boundary, drew up the lease or 
leases, and then ordered Agent Bingen- 
heimer to call a council and get the 
Indians' consent to a cut-and-dried scheme. 
This, at least, is the explanation given 
by Mr. Bingenheimer himself, who now 
declares that his promises to the Indians 
were made in good faith, but that he 
could not fulfill them because the Com- 
missioner took the whole matter out of 
his hands. With reference to his appear- 
ance before the Senate Committee in 
Washington last February, Mr. Bingen- 
heimer now says : " I could only say what 
the Commissioner would let me say, and 
only know what he allowed me to know. 
If I had been free to speak, I could have 
told a whole lot." The fact that the 
interesting and valuable information 
which Mr. Bingenheimer evidently has 
with regard to this leasing business was 



I ^t drawn out of him by the Senate Com- 
mittee on Indian Affairs is only another 
proof that, as I said in my first article, 
the proceedings of that Committee were 
"so unsystematic, inconsecutive, and in- 
conclusive as to leave almost everything in 
doubt" 

Senator Piatt objects to my statement 
of this case. He is a man of unimpeach- 
able integrity and honesty of purpose, and 
he evidently believes thai I am misled, if 
not misleading; but if he had co-operated 
with Senator Jones, and had asked Agent 
Bingenheimer a few searching questions,, 
he might have brought out the " whole 
lot " that the Agent says he could have 
told, and might thus have furthered the 
cause of justice and National honor, It 
was perfectly evident that the Indians 
were not getting " a square deal " at the 
hands of Mr. Jones, Mr. Bingenheimer, 
or both, and it was the duty of the Senate 
Committee to ascertain why. 

The reason for the failure to keep faith 
with the Indians has been given by Agent 
Bingenheimer since my first article was 
written. On the 22d of March Commis- 
sioner Jones telegraphed the Agent to 
let Mr. Lemmon proceed with the build- 
ing of his fence, on a line that would 
inclose thirty or fotty Indian houses and 
a considerable part of the Indians' Grand 
River lands. As soon as the work began, 
the Indians called a council to protest 
against the fence-building, and asked Mr. 
Bingenheimer to be present and explain 
why he had not kept his agreement to go 
with them and run the line that this fence 
should follow. The council was held on 
the 1 2th of this month — the very date of 
Mr. Jones's reply to my article — and was 
attended by all the leading chiefs and 
most of the male Indians in the central 
part of the reservation. The proceedings 
were, in part, as follows : 

Agent Bingenheimer— I have come here, at 
your request, to hear what you have to say. I 
am told that you do not want Lemmon to go 
on building his fence. 

Thunder Hawk — Last spring we had two 
councils. You asked us to lend our land to the 
railroad. We did not wish to lease. We 
thought we had a right to refuse. The Com- 
missioner frightened us by threatening to turn 
cattle loose upon us. Then, in the fall, you 
called a third meeting. We were helpless. 
We wanted to do the best we could to protect 
ourselves, so we agreed to lease thirty miles 
square on the northwest corner of the reserva- 



JL^ 



94 



The Outlook 



[3 May 



1902] 



The Standing Rock Indians 



95 



tion where there were no houses. This council 
chose three men— Louis Primeau, Antoine 
De Kockbrain, and myself— to go with you 
and designate the lines. You said that you 
would meet us here, at Bull Head Station, and 
that you would go with us. We waited, but 
you did not come. We thought that when 
we had laid out the lines we should have an 
open council ; that you and Lemmon would 
meet us and read the contract to us, and that 
we would then, together, come to an agree- 
ment like men. 

Agent Bingenheimer— You are right, and I 
fully intended to do as you say. But right 
now, before all these people, let me say that 
if it had been left for me, I should have done 
just as I promised. But it was not left to you 
nor to me. Before I had submitted a report 
of that council to the Department, I was told 
that the Commissioner had made out the leases, 
and they were printed. I could do nothing. 
Those lines were run in Washington ; your 
council had nothing to do with it. I did not 
send the council proceedings [to the Commis- 
sioner] until after the leases had been made 
out and the boundaries setded. I had noth- 
mg to do with it. . . . The reason that I did 
not go out with you to lay out the lines is 
because it was taken out of my hands by the 
Commissioner. I could not keep my promise 
to you. 

Weasel Bear— The promise was that we 
lease only unoccupied land; that no man's 
homestead should be disturbed; that the 
leases should run so as not to interfere with 
the men who have built substantial homes. 
We do not know where the lines run, or how 
much land you have given Lemmon ; but we 
do know that at least thirty-five of the Bull 
Head families are surely in the pasture, who 
went there to settle on land that they intended 
to take as allotments. These men do not 
want to abandon their homes. We forbid 
Lemmon to build a fence that will inclose 
these homes. The delegates who went to 
Washington put our case into the hands 
of lawyers. As we now understand, there 
has been no report made to us by these law- 
yers that we have lost our case. We were 
told to await the decision of the white man's 
court. If we can wait patiendy for your 
courts, why should the Commissioner, who is 
holding such a high office under the President, 
be permitted to ignore your courts, ^nd order 
Lemmon to build the corral around our peo- 
ple while the case is pending? We forbid 
Lemmon to build the fence. 

Agent Bingenheimer — How are you going 
to live ? Your rations are now so small that 
they do not half feed you. You need every 
dollar you can get. ... I hope you under- 
stand that your rations were cut down last 
year fifty per cent. They will be cut again 
the first of July fifty per cent. . . . You have 
not enough to eat. What are you going to 
do ? See these old people ! They will starve 
if they do not have a full ration. You cannot 
live on the rations the Government will give 
you. You will have to work, and you can't find 
much work to do. This Lemmon lease will 
pay seven dollars a year per capita. If I tell 



the Department that you do not have enough 
to eat, they will say that you had land to spare 
and would not lease it, and so I shall not be 
able to do anything for you. You ought to 
lease it to get this seven dollars a year. You 
will need it. Your rations are only half now 
what they were a year ago, and in July will 
be cut in two again. How can you live f 

Weasel Bear— It is not money nor rations 
that we are considering. We are standing by 
our rights as men. This is our land, and we 
are the ones to decide what part we shall 
lease, or whether we shall lease anything. 

Agent Bingenheimer— You are not leasing 
this land for nothing. You get big pay— seven 
dollars per capita yearly. You need this 
money. You have not enough to eat now. 
Look at your old people. They will starve 
on less than full rations. 

One Bull— If I am stronger than Weasel 
Bear, and I go to him and say, " You have a 
good farm ; I want it. You must let me have 
It,." Weasel Bear says, " No, I settled on this 
farm to make a home for myself and my chil- 
dren. I have gathered property about me, 
and I am setded for good. In a few years I 
can support my family comfortably." I insist ; 
I say, " That has nothing to do with the case. 
I do not want your place for nothing— I will 
pay you for it.*^' Now, because I am stronger 
than Weasel Bear, though I will pay him well, 
would it be just or right or manly for me to 
drive him off and take his home ? I say No ! 
It is wrong ! He does not want my pay. He 
>vants his home, because it is his, and it is his 
right to refuse to sell or lend. We want to be 
treated like men, not driven like dogs. We 
came to the courts in Washington. We left 
our case there. We thought the courts would 
rule wisely and justly. As the courts had 
taken our case, we thought we were recog 
nized as men; but now the Commissione 
shows us that the white man's court is no 
better than his word ; and while our case is in 
court, not yet setded, he orders Lemmon to 
go ahead and corral us. We are not brutes : 
we will not submit. Tell Lemmon to stop 
building the fence. Respect our manhood 
and we will obey the laws. We will lease the 
part that we selected. The land is ours. We 
will lease the northwest corner, and will go 
with you to make the boundaries, and in open 
council hear his offer and draw up the con- 
tract together. We forbid Lemmon to go on 
with the fence. 

Agent Bingenheimer— I will write at once 
to the Commissioner, but I am afraid I can 
do nothing. You may sell fence-posts to 
Lemmon at six and one-quarter cents apiece, 
and you may haul the wire which is now at 
Evarts and will soon be at Fort Yates. You 
can earn a great deal of money in that way, 
and you people, not having enough to eat, 
ought to be glad to earn so much money. 

One Bull— We are Indians and cannot live 
without wood and water. In winter we can- 
not live upon the high plains and keep our 
herds. We have to live along the streams, 
where there are ravines and brush and shel- 
tered spots and wood and water. This lease 
will deprive a great many people of their shel- 






h» 



4 



I 



/ 



A 



tered homes. Streams and wood are scarce. 
"We will not lease the best of our land. We will 
never consent to have our brothers corralled 
]ike cattle. We are men like you. Take the 
committee and go out with them and decide 
where Lemmon shall build his fence ; we will 
agree to that. 

After these speeches had been made, as 
well as short addresses by Grey Eagle, Rose- 
bud, and Wakutemani — all to the same effect — 
Wakutemani said : "We ought to close this 
meeting by a rising vote on this protest." 

Agent Bingenheimer — Ail willing for Lem- 
mon to go on, arise. [Not one arose.] All 
who protest and wish me to write the Com- 
missioner to stop Lemmon, arise. [The whole 
iiouseful arose, without a single exception.] 

Rosebud — ^We desire to have our mission- 
aries see the letter. We have decided, by a 
unanimous vote, that no more papers, con- 
tracts, etc., are to be signed by us until first 
seen by our missionaries. 

Agent Bingenheimer — Who are they ? 

Rosebud — Father Bernard, Winona, and 
Mr. Delona. 

Agent Bingenheimer — I cannot do that. I 
will send just as strong a letter as I can ; but 
I will not submit my letters to any one. How- 
ever, I will give you a copy and tney can see 
the copy. 

Rosebud — We do not mean that we can- 
not trust you, but we feel safer if our mission- 
aries see what is said to be our expression ; 
and if they have a copy they cannot say in 
Washington that we never said it, or that we 
said something else. 

The meeting then closed. 

I invite Senator Piatt's attention to the 
proceedings of this Indian council, held 
only two weeks ago, and would like respect- 
fully to ask whether, in his judgment, they 
are the reflection of a square, honest deal 
on the part of the oflBcers of the United 
States ? These Indians are not loafers or 
idlers. According to the report of Com- 
missioner Jones for 1900, they raised that 
year 3,491 bushels of oats, barley, and 
Tye ; 1 9,97 1 bushels of com ; 10,016 bush- 
-els of vegetables, and 21,799 tons of hay. 
They cut 2,376 cords of wood, and trans- 
ported from distant railway stations 2,332,- 
000 pounds of freight They owned at 
that time 10,082 horses and 12,213 cattle. 
^Report of the Indian Commissioner for 
1900, pp. 668-699.) 

They seem to have done their level best 
to earn their own living on a semi-barren, 
^emi-arid reservation where there is little 
work to be had ; where agricultural crops 
fail two years out of three on account of 
drought ; and where cattle-raising is almost 
the only possible industry. Instead of 
recognizing their efforts to do what they 



can while they are accumulating enough 
cattle for self-support, the Indian Office 
cuts down their rations fifty per cent. ; 
gives them notice of another impending 
cut of fifty per cent. ; threatens them with 
the permit system in order to force them to 
consent to a lease ; ignores the terms and 
conditions of the consent thus obtained ; 
turns cattlemen and half-wild Texan cattle 
into the occupied parts of their reserva- 
tion ; and finally, when they protest, tells 
them, through its Agent, that they will have 
to starve if they do not submit, and that 
they had better keep quiet and sell fence- 
posts to the lessees at six and a quarter 
cents apiece 1 

6. The Commissioner says, in his reply 
to my article, that the Indians are "will- 
ing and anxious " to lease their lands, and 
that all the opposition there is comes 
from a few squaw-men and half-breeds, 
" who see in the inauguration of the leas- 
ing system the overthrow of the abuses 
which they have heretofore practiced." 
I think the council proceedings above set 
forth are a sufficient answer to this state- 
ment. If the Indians are " willing and 
anxious " to lease, they have a queer way 
of showing it I 

7. The Commissioner says : " The 
Walker lease exempts and excludes one 
township of land in the neighborhood of 
Bull Head Station which includes the 
only thickly settled part of the reservation 
in the leased portion. A very conservative 
estimate places the number included in 
the leased district at not more than seventy 
families." 

Since the beginning of this controversy 
between the Indians and the Commis- 
sioner — viz., in the early part of March — 
the Rev. T. L. Riggs, who has been long 
and favorably known in connection with 
mission work among the Sioux, made a 
careful investigation of the Standing Rock 
leases, at the request of the Indian Rights 
Association, and sent to that Association 
a full report upon the subject. Concern- 
ing the number of Indian families included 
within the leased district, he says : 

" There appears to be fully as dense 
ignorance, on the part of those whose 
business it is to know, with regard to the 
number of Indians who will be affected 
by this leasing of land, as in the matter 
of land limits. Agent Bingenheimer tells 
the Senate Committee that eighty families 



94 

tion whc 

chose tl 

De Roc 

and des 

would nr 

that yoi] 

you did 

we had 

open c( 

meet us 

we wou 

ment lil< 

Ageni 

fully in 

now, be 

if it had 

just as '. 

nor to r 

of that 

that the 

and the 

Those 

council 

send th' 

sioner] 

out anc 

ing to d 

not go 

because 

Commi 

to you. 

Weaj 

lease c 

homest 

leases s 

the me 

We do 

much 1: 

do knc 

Headf 

went t\ 

to tak 

want t 

Lemm( 

these 

Washi: 

of law 

has be 

yers tl 

told to 

court. 

courts, 

holdinj 

be per: 

Lemm 

pie wl 

Lemm 

Age: 

to live 

thev d 

dollar 

stand 

year fi 

the fir: 

not er 

do? 

if the> 

live oi 

you. 

much 

pay sc 



96 



The Outlook 



might possibly be included. He certainly 
knew better — or ought to have known 
better. Under the original calls for pro- 
posals, to include lands lying west of the 
range line between ranges 26 and 27, 
there could not possibly be less than four 
hundred families within the proposed 
lines. I do not know that any one has 
taken the trouble to make a careful census. 
It includes nearly every man, woman, and 
child on the rolls of Bull Head — a few 
short of one thousand persons. It also 
includes the great majority of those 
enroiUed on the Upper Cannonball Sta- 
tion — the exact number of whom I was 
unable to learn — besides scattering fami- 
lies belonging elsewhere. . . . Under the 
final proposal, to lease lands extending 
only to the range line between ranges 25 
and 26, there are within the limits of 
leased lands 232 families, according to 
Agency-ticket record." The exclusion 
and exemption of the Bull Head township 
would reduce this number by only 13. 
At the rate of four persons to a family, 
there would consequently be 876 Indians 
within the boundaries of the leased area. 
" The Indians of Grand River," Mr. 
Riggs says, " owned, in 1901, 5,247 cattle, 
almost all of them within the limits ot 
the Walker lease. Probably, with their 



horses, they now own 11,000 head of 
stock* It would not appear that there is 
much land here that is suffering to be 
leased. The Indian delegate who said 
to the Senate Committee, * We want that 
for ourselves,' evidently knew what he 
was talking about." (Report of T. L. 
Riggs to the Indian Rights Association,. 
March 17, 1902.) 

If a region that is inhabited by 876 
Indians, with 11, 000 head of stock, is not 
an "occupied part of the reservation," 
I should be glad to know what the Com- 
missioner's definition of "occupied" is. 
At the rate of one head of stock to every 
forty acres (the proportion of cattle to 
land adopted by the Indian OflSce) these 
11,000 horses and cattle would occupy a 
range of 440,000 acres — almost exactly 
the amount of land leased in this very 
region to Mr. Walker. 

In view of this and many other discrep- 
ancies between the statements of Commis- 
sioner Jones on one side and the statements 
of the Indians and disinterested investiga- 
tors on the other, there would seem to be 
urgent and pressing need for a thorough 
and impartial investigation of the whole 
subject by some person or persons not 
connected with the Indian Office. 

Washipgton, D. C. 



Notes and Oueries 



Will some reader give me some information in 
r^rard to the following : 1. Refer me to some book that 
will give a history of the Shawnee Indians ; I want 
to know of their habits and peculiarities, the number 
of the tribe, their early headquaVters, etc. I want 
this information in regard to them in the early his- 
tory of the country— say about 1776. "^2. To book or 
source of information concerning the^^arly French 
trading posts ; where they were and all tKp informa- 
tion I can get, such as would help me in describing 
one minutely. 3. Something as to the foundiqg and 
history of Detroit, Michigan. If you will giv« me 
some help as to these points it will be greatly apWey 
ciated. R. J. Birdwell, jC^ 

Coleman, Tex^. >^ 

3. See Cooley's " History of Michigan " (Houghton, 
Mifflin & Co., Boston, $1.25); Farmer's "History of 
Detroit and Michigan " (Farmer, Silas & Co:, Detroit, 
$10); Hamlin's *' legends of Detroit". (Thorndike 
Nourse, Detroit, $2). 

On page 244 of Dr. Mark Hopkins's "Evi- 
dences of Christianity" is the following: "The 
objections brought by Archbishop Whately against 
the existence and general history of Napoleon Bona- 
parte are quite as plausible as any that can be brought 
against the existence and general history of Christ." 
I have made search in Whately's works, and am 
unable to find the passage referred to. Can you or a 
subscriber inform me as to where I can find it ? 

W. K. S. 
Archbishop Whately published his "Historic Doubts" 
concerning the existence of Bonaparte in an anonymous 
pamphlet— anonymous merely to preserve its ironical 
character. He refers to it very briefly in his " Elements 



of Rhetoric," page 118, Harper's edition. Perhaps some 
reader can tell us more about it. 

After reading Dr. White's " Warfare Between 
Theology and Religion," Shaler's " Individual," and 
others, T would like to find sonrje man, equally 
scientific, who would strike a deeper key—some man 
who, admitting the many mvlhs, inaccuracies, and 
en-ors m the Bible, would still point to the divine in 
At; a man trulv scientific, wno, believing in our 
,. ascent from the lowest forms of organic life, believes 

t" just as truly in a divine life which has quickened and 
sustained this wonderful procession and which assures 
us of the immortality of our souls. Is there any 
scientific book written in this spirit ? X. 

"^or the testimony of a naturalist of the highest eminence 
Romanes's " Thoughts on Religion " (The Pilgrim 
Prdls, Boston, or any bookseller can supply it at $1.25). 
For S^iwork done in a thoroughly scientific spirit, though 
not b^^ professional naturalist, see Dr. N. Sm>'th's 
"Througli Science to T|uth" (Scribners, $1.50). Dr. 
White's w6^k, it should be noticed, is careful to preserve 
the names of^minent men of science who were also men 
of Christian I'kith, as Lyell, Faraday, Asa Gray, and 
others. The prhper title of Dr. White's work is " A H is- 
tory of the Warftre between Science and Theology in 
Christendom." (D* Appleton & Co., New York.) 

By an unfortunate slip, not of the types, but of the 
mind or memory, we last week referred to Lord Kelvin's 
early name and titk; as Sir William Hamilton instead of 
Sir William Thompson. The latter name is li|erally "a 
thing which every school-boy knows." 



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QUE8TI0MS RBGARDIHQ IHDIAli RESERVATIOH )B0URTS 



1. Arc there wtitten regulations governing the procedure 
of these courts; if so, what are they? 

£. Are there regulations defining Indian offenses and pre- 
scribing penalties; If so, hare these regulations been published; if 
they haye not been published, what are they; if there exists a code 
of Indian offenses which has not been published, hare we not got a sit- 
uation where Indians are tried for laws which they have no opportunity 
to be acquainted vith? 

S. It is stated that the Indian reserv&tion courts apply 
tribal custoa laws. 

(a) Has a tribe any effectire voice in choosing the court? 

(b) Are not Indian superintendents frequently trans- 
ferred, and by what method are they expected to loaow 
the tribal custon laws? 

(c) What steps has the Indian Bureau taken itself to know 
the Indian custom laws, and to acquaint its superin- 
tendents with them, or to Insure that they know them? 

(d) Is it net true that the reservation courts apply pri- 
marily the regulations of the Indian office; and are 
they not in all cases free to Ignore tribal custom if 
it exists? 

4, Is it not a fact that no Indian judges exist on many re- 
servations, including some of those most completely tribal, like the 
Mavajos and the *cw Mexico Pueblos? In these cases is not the reser- 
vation court composed of the superintendent himself? 

And in ell cases, is not the Indian 4udge absolutely sub- 
ordinate to the superintendent? 

Is there any case where it can be proved that the Indian 
tribal organization has chosen the judge in the Indian Bureau reserva- 
tion court; is it not an error to thins anything of this sort? 

6. Inasmuch as the reservation court is the superintendent, 
have we notgot a condition where the same man is policeman, prosecutor, 
judge and jailer? Is it not true that the Indians are forbidden to use 
advice of counsel? Is it not true that the Indian Bureau has adopted 
and enforced regulations dealing with crimes of religion and conscience 
through these reservation courts? If this is denied, will the Indian 
Bureau produce its regulations dealing with Indian religious ceremonies 
and observances? 

6. Are not these Indians voters? If they are voters and 
liable to arrest for six months, fined |100, or both, without court 
procedure or court review, is it not certain that they will be subject- 
ed to coercion as voters? 

7. Is it not true that Section 2 only recognizes the exist- 



i 



k 



-2- 



be a proposal 
ces are lawless? 



Ing practice of the Indian Bureau, so that if Section £ b 
for lawlesslkess, this fact neans that the existing practi 

8, The record contains reference to a case where the Taos 
Pueblo appealed to the Indian CoBU&issioner for correction of an alleged 
tyrannical act by the superintendent acting as a reseryatlon court. Will 
the Indian Bureau produce this correspondence, and also inforA the Com- 
mittee as to what it did about the setter, if anything? 

•• Can the Indian Bureau witnesses name any other place in 
the world except Indian rescrTations, where imprisonment is carried out 
ia the manner represented by reservations courts and enforcement of 
unpublished administrative penal laws? Does the Indian Bureau know that 
the worst charge against the Belgian Congo regime was a charge that the 
natives were governed by unpublished administrative decrees enforced by 
a bureaucracy with commercial affiliations? Does the Indian Bureau know 
that this admitted evil ia the Belgian Congo was corrected in 1918, but 
that the blackest charge against the French Congo administration still 
is that in the French Congo natives are governed by unpublished adminis- 
trative decrees? 

REGARDING TRIBAL CUSIOMS 

1. The Indian Bureau proposes to abolish tribal authority 
(Sections £ and 7 H. R. 7886). 

If the reservation courts 
torn, why does the Indian Bureau want 
these minor matters? 



1 



intended to apply tribal cus 
to abolish tribs.1 authority in 



Is the Indian Bureau acquainted with the Supereme Court opin- 
ion in the case of the United States vs. Quiver, and other opinions 
establishing that tribal authority is recognized by Congress? 

Does the Indian Bureau propose to substitute the criminal 
Jurisdiction of Indian Bureau superintendents for the tribal authorities 
of the Vew Mexico Pueblos? 



give any description 
the Pueblos, which 



Can the witnesses of the Indian Bureau 
of the existing tribal system of the Navajos and 
they are seeking to abolish? 

Has the Indian Bureau obtained from any authoritative ethnolo- 
gist or anthropologist an opinion on this policy of suddenly outlawing 
tribal authority, and thereby smashing the tribal life of custom? Or 
does the Indian Bureau consider itself an authority in enthropology? 
If so, will the witnesses refer to documents of the Indian Bureau indi- 
cating knowledge of this subject? Or aoes the Indian Bureau consider 
that knowledge of tribal life is needless? But in that case, what is to 
be said for the claim that the reservation courts enforced tribal customs? 






f 



to «athoris« tbm Attorzktj General » as proohaln ami 
of the !***<"*■ of Oalifomla^ to bring suit againat 
the Iftilted itatea in the Court of Clalns* 



See. 1« In the erent that the Congress of the ttiited States 



General 



InUans 



the Court of Clalaa^ lAiieh in the opinion of the Oorsmor of the 

m 

State of California will afford reaaenabXy oompenaatosgr relief to 
■aid T»?*1«w for the loss of tribal lania, the Attoonwy (General is 
hsrebj authoriaed to oanae aait to be instituted and to «iplosf iVfo* 
ial ewBUMl to assist in the proseoution of sueh suit and to inour 
all neeessarj sapsnses inoidcnt thereto^; ProTidsd . that the Cong-* 



tmited States aliall first apprfipriate 
r General of this State in the oonduot 



litigation 



a sua soffioient to adeq.iMitel7 eorer the eaqpense of proseouting suoh 
litigation* inolxiling the ooiipensation az^ expenses of oounsel and 
witnesses for the Indians* 

See* 2« To enable the Attorney aener%l to pay for the eoployaei^ 
of oonnsel to be assooiated with hia in the proseottion of suoh suit 
as say be instituted as prorlded in seotion one hereof and to pay the 
neeessary ea^enses incident thereto* thore be and hereby is appropriat 
out of any aoney eliioh may be piieed in the Treasury by Congressional 



I 



i 



pm^ose 



for the fiseal 



years 192i and 192t* 



See* 4* Whereas an oaergeaoy is declared to exist* this Aet shall 

« 

take effeot on and after the date of its passage and approral* 




of tha TnflliiM of CiOiforjiliu to brin^ Mt a^iUait tint 
lAiited 'itat«8 in tlM Court or OlaiBa. 




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mw9^ Jkm JUtt WW wwva 

^■ilAtiafi «nlhoriz«« 



that thit OmnsTQm of tho IMitod atat«« 



proeh^ia iMii 0f «M InUfias of Oaliforala» to iii»titut« a mit in 
th« aovrt of OlalMit «lii«h la tho oypiaioo af tho Oo m f jafl r of tho 
3tato of OaXiftemiA «in affiHrti nooMiilily o«««8aAtovar ttUof to 
•ftia Inftlani f«r tiM Xom of tlioir tvibal laaU, tlio Attoraoj Ooo- 



«na is htHlgr 
ipplogr la^ooiol 



it •• 4 ii 



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to ooBOO imit to bo iaotltttML aai to 
aoslot in 1^ perooootttioa of sm^ onlt «M 



iaowr aU a oo oomy oaqponooo iiioi4«t ttiovotos 




JLU I 



thfikt 



Oon^roMi of tlio iMtod atotoo itaU flvot i^ptro^riato tor tho uoo of 
ttio Attomoy Oonoral of thlo 3tato la ^o ooaftnot of oaid liti^t&ott 
a sua soffioiont to oAoq.iiotoly eoror tho 02911100 of prooooutia^ ouoh 



iaol^iAis^ tho oaopoaoatlQH uxA oiq^osisoo of oouaaol nM 



vltaooooB 




3oo« &• T9 enable tho .iMoraiigr Ooooral to ptQr for tho ot^^logr" 
aoQt of aoi«BoX to bo ao8ooi&to& nith his ia tlio iM^ooooytion of wmoh 
•ait ao m^ 1)0 iastitutod as profiAod ia oootioa mm horoof aaO. to gs^ 
Mm nooo— a« y axponooo iaolAoat tlMVoto* ^oro bo aai horobgr io appro- 
IjviatoCl. out of aay aonqr liii^ wiar bo pIaoo4 ia t^ Oroaoiffy by Zmt' 
aroaoiflnaX oppmvflatloii for ouoh jtw^oso, tho nai of I for 

tho fiaoal Toars 19S8 &aa X9S9^ . 

3oo« 3* Tho atato ^^ori^Saiu isout owraato oa j^roEporljT oor* 
tifioai aad itoaiooA Tooohero anfl protfo foraiahoA b^ tho Attoraoy Goa- 
oral, and tho itato ta^aoovor irtialX jfa^f tho oaiao* 



i 



4 



) 



I 



\ 



M 
1 



i UClV iUyT t^^i fuA^ 



lUh 



/ 






C. Hart Morriam 

Papers 

BANC MSS 

80/18 c 



INDmiS, WARNER'S RMICH 



Emory arrived at Warner's ranch December 2, 1846, 
and of the Indians there he writes as follows: "Around, 
were the "bhatched huts of the more than half naked Indians, 
who are held in a sort of serfdom. "by the master of the 

jd one or two of these huts, and f cund 
In ereat Tjovertv. The thermometer was 



ranclB ria« 



inmates livifag 



at 30®, they had no fires, and no coverings but sheepskins." 

— Bnory: Military Racomioissance from Pt, Leavenworth 
to San Di^o, 105, 1848, 



Near Warner's hou^e is the source of the Aqua 
Calient e, a hot spring of 137° P. "The Indians have made 



around 



pools for bathing. They huddle 
spring to catch the genial warmth of its vapors, and in cold 
nights immerse themselves in the pools to keep warm." 

—Ibid, 106. 



\M0O^ tV^V \oL wclW X jrvlv ocYv S 




TURNING A NEW LEAF. 

VER since the immortal day wben the pious but 
" practical" Pilgrim Fathers, debarking from 
the Mayflower, "Fell first upon their Knees, 
and then upon the Aborigines," the Indian has 
Had to Move. Particularly in the last century— 
and throughout it, and into this century and up 
to date— he has been inevitably and invariably 
shoved back and out. Almost the only Indians in the United 
States who still occupy in any numerousness their immemorial 
lands are the sedentary Pueblos of New Mexico and Arizona 
and they only because until 55 years ago they were under the 
"Indian policy" of naughty Spain, and therefore secure of 
tenure so far ; while our government has mostly confirmed and 
patented their land-titles since we "acquired" their country 
from Mexico. Practically everywhere else in this great nation 
the story of innumerable eviction has been serial and shame lul. 
Across every State in the Union it has been written red with 
Indian wars, and black with civilized greed. Everywhere, the 
Indian has managed to have land that the Superior Race hank- 
ered after. Everywhere, the Superior Race has got it. borne- 
times by merely killing-off the impudent prior owners ; some- 
times by national treaties which were either swindles intended 
from the outset, or " jest naturally " broken the moment some- 
one really cared to break them (it is said to be historic fact that 
the government o'i the United States has never kept one treaty 
- with an Indian tribe) ; sometimes by fraudulent surveys ; or by 
forcible " squattings ; " or by perjured filings ; or by getting 
the simple aborigine drunk with the Juice of Civilization, and 
" paying "him a jack-knife for a farm. And sometimes by de- 
cision of the Supreme Court-in blessed innocence of the his- 
tory and the law involved. But whatever the means, the end 

has always been the same. The I"^-" ^ust (^^T"^^"!;^ ,' 
arid wherever his Christian Neighbor could Use his Place. And 
he has gone. And he will keep going, since he will never have 
a different sort of neighbors. The only tribes today measur- 
ably safe from further eviction are those that have already been 
driven back and back until the lands upon which they noy. 
starve (while upon their starvation a lot of American offi- 
cials draw salaries) are so worthless that no one else would take 
them for a gift. That is the case of practically all the Mission 
Indians in Southern California, among others. A ^corned-toad 
would not wilfully exile himself to the deserts to which these 
people have been crowded. They starve ; but no one will 
drive them further. Some idea of these facts, and many exem- 



i 



1 



VT 

i 



l 



h 



442 



OUT WEST 



TURNING A NEW LEAF 



443 



44 



plary instances, are of record easy to be consulted. See, for 
instance, the ''Reading-list on Indians" printed in these pages 
last month. 

But the Sequoya League has made a new record. So far as 
is known, never before in our history as a nation were Indians 
moved to better lands than those from which they were dispos- 
sessed. It wasn't "the intention." The precise reason for 
moving them has habitually been that the lands they had were 
''too good for Injuns "—though just about good enough for 

'Americans." It is pertinent to remark that the Warner's 
Ranch Indian Commission, in Turning a New Leaf, encountered 
much of this same noble spirit. Several Gentlemen, poignantly 
anxious to sell their worthless lands to the Government, at an 
exorbitant price, as a home for the Warner's Ranch exiles, could 
not forbear the declaration that this was '' really too good for 
Indians." If it weren't, the present owners would not have it 
for sale. Without exception, there is not a single title which 
can go back sixty years and not rest on spoliation. 

Through the efforts of the League— backed up by the direct 
personal interference of President Roosevelt on several critical 
occasions, and by the desire of the present Indian Office to do 
right (the two availing to counterbalance that Red Tape which 
is the greatest aid to designing scoundrels and the unvarying 
foe of all efforts to get justice done)— the government has been 
enabled to buy for the Warner's Ranch Indians far more and 
far better lands than those from which they are evicted. The 
story of the loss of their immemorial homes roused deep public 
interest all over the country ; and whenever the American people 
know the facts, they can be trusted to feel right. This public 
sentiment, whose wide distribution astonished the Department, 
was of no small assistance to the League ; and after a steady 
campaign of six months the first Violation of Routine was ac- 
complished. The report of one of the best Inspectors in the 
service was held in abeyance ; the Warner's Ranch Commission 
was appointed, and promptly showed that he had been imposed 
upon ; that the Indians would starve on the lands he recom- 
mended ; and that these lands had been sold several times, re- 
cently, for about one-third what the Government was preparing 
to pay for them. And the victory was won on the only line on 
which the League expects or wishes to win any victory — Horse 
Sense. Even Red Tape saw that it was better to get 3,400 
acres of better land, and 500 times the water supply, for $46,000, 
than 2,300 acres, and no water, for $70,000. 

The Warner's Ranch Indians had, in their old home, a small 
and very poor territory. But it was their home, and they loved 



1^- 



t, 



An 



V 

I 



K 



it, and ought to have had it. And even after the decision of 
the Supreme Court of the United States— a decision blessedly 
innocent of the only law which applies to this case; the Spanish 
law— the League made every possible effort to keep it for them. 
Finding this impossible— and it was carried, in every detail, to 
the Attorney-General, the President, and every other possible 
recourse— the League and the Commission did the next best 
thing ; which was, in their judgment, to find a place so far 
superior to the dear old home that the next generation, at least, 
will be happier, safer and better off. This they were eminently 

successful in doing. 

In place of a " literary " description of the home from which 
they are evicted and that to which these Indians are going, it 




The One Street at Warner's Hot Springs. Photo by Amy Taylor 

(One of the villag-es from which the Indians are evictedi) 

may be as well to print here the corresponding sections of the 
Commission's official JieporL The accompanying photographs 
give a faint idea of the new home ; and of the old one on 
Warner's Ranch, some description and many pictures were 
printed in this magazine for May and June, 1902. 

The following is from the official report of the Warner's 
Ranch Indian Commission (Russell C. Allen, Chas. L. Partridge, 
Chas. F. Lummis, chairman). For some outline of its work, 
see this magazine, and this department of it, August to Novem- 
ber, 1902. In brief, the Commission fully inspected 107 ranches, 
aggregating about 150,000 acres ; made 42 engineer's measure- 
ments of the flow of streams, and full tabular and descriptive 
reports; besides examining the claims of over 100,000 acres in 
30 other proffers which were found on their own showing not 
suitable for the purpose. At an expense of $1,107 (the appro- 
priation was $1,000, and there was no remuneration whatever), 
the work of the Commission up to sending in its second report 



SS£3l^?t 



s^s^^Msa 




r 




'A ..; 






/ x^*-^ 



I: V 



. / 



r**^^.^' 



-C'^ 



^- -re- 



.■i>;>' c%v^!^ 



^ ^' 



•milk m- 






2^* 



PAL 



L.^V 



^ V^ 



w.- 



Part of the Pala Watkk Supply. ■P*"'" *>■ <^'- ^- '^• 

(The commission's measurement of the upper end of Golsh ditch^June 18 1902, registered flow, 132.9,2 miner's 

inches ; enougrh to irrigate 1200 acresj 



m 



446 



OUT WEST 



TURNING A NEW LEAF 



447 



I 



was equal to 6,823 miles by rail, 7,049 miles by wagon, and 276 
days of 18 working: hours each, for one person. This may indi- 
cate that the money was not much wasted. Part of the deficit of 
$107 will probably be made up by the g^overnment in time. 

It is only to be added that this report was approved by the 
Secretary of the Interior Augfust 15th last ; that the abstracts of 
title to these properties have been in the hands of the govern- 
ment since early in October, and were found flawless by the 
Attorney-General ; that the deeds to the government were re- 
corded in San Diego six weeks ago ; that nothing delays the 
transfer of the Indians, and the paying of the poor American 
farmers who bonded their Pala properties to the United States 
eleven months ago, and have lost a year's crop, except Remote 
Red Tape. And this is nearly untied. 

warnkr's ranch. 

This property, the Rancho San Jose del Valle, upon which 
the Warner's Ranch Indians now live and have lived from time 
immemorial, but from which they are now under judgment of 
eviction by the Supreme Court of the United States, consists of 
42,000 acres, of which the great majority is worthless except as 
a stock ranch, for which purpose it is now used by the success- 
ful claimants in the litigation by which the Indians are dispos- 
sessed. The water supply is very scant, and only a small pro- 
portion of the entire ranch could be cultivated. It is tolerable 
natural range, but for several years past has been badly stripped 
of vegetation by an annual plague of grasshoppers. At the 
time of your Commission's visit, June 6-8, the grasshoppers 
were thick as the flakes in a heavy snow-storm. The pest seems 
to have become endemic here. A representative of the Agricul- 
tural Department was on the ground endeavoring to abate the 
insects by a campaign of inoculation, but had made no impres- 
sion upon their multitude. 

The owners of the ranch, heirs of the late Gov. John G. 
Downey, do not desire to sell the ranch ; but at the request of 
the Government did last year put a price of $245,000 on 30,000 
acres — including the Hot Springs where the Indians mostly re- 
side. They still refuse to sell a less amount than 30,000 acres. 
The chairman of your Commission had an exhaustive interview 
in March last with Mr. J. Downey Harvey, who seems to control 
the collective interests ; and Mr. Harvey absolutely declined to 
make any concessions whatever, except that he has been con- 
siderate toward the Government in the matter of time ; having 
allowed the Indians to remain on the land ever since May, 1901, 
when the decision of the Supreme Court was rendered in his 
favor. 



•r 






f' 



In the opinion of your Commission, the Government would 
have been justified in paying a greatly enhanced price for the 
Hot Springs, and say 5,000 acres of land adjoining ; and the 
owners would have found such a transaction very greatly to 
their advantage. It is not believed by us that they can ever 
realize as much from this portion of the ranch in any other way. 
But as they refuse any such compromise, all idea of retaining 
for the Indians their ancient home to which they are so pathetic- 
ally attached must be abandoned— unless indeed it be found yet 
possible to condemn say 5,000 acres of this land. In case such 
a proceeding could be carried through, your Commission would 
still decidedly recommend it— with a preliminary injunction suit 
to estop the owners from evicting the Indians pending conclu- 
sion of the case. This suggestion has already been fully 
brought to your attention, however ; and the matter is at your 
discretion. 

Your Commission has found at least a dozen other properties 
more desirable, according to all material standards, than this 
present location ; places where the Indians would be more com- 
fortable and more prosperous. But your Commission feels that 
their irrevocable choice of their old home should outweigh the 
choice of other and wiser people for them, if it were possible. 
But if it is not, as seems, there is the satisfaction of a certainty 
of the very great material improvement of the condition of the 
Indians. 

The Hot Spring, famous for much more than half a century, 
is the most valuable asset of the Warner's Ranch Indians where 
they now are. It gives them a large annual income, and is a 
vast convenience, besides, in all their household economies. It 
almost does their washing without labor, clothing put under 
the spout of this hot water being cleansed almost automatically ; 
and the water is also of great value to them for preparing the 
materials of their textile products, and for their bathing. They 
have some 200 acres under cultivation, about 60 irrigated. The 
total flow of water here is, as measured by your Commission, 
19. miner's inches. As will be seen by the table of water 
measurements, your Commission has inspected nine properties 
with better water supply ; and recommends one with an incom- 
parably better flow of gravity water for irrigation. 






THE PALA PROPERTIES 

Findifigs of the Commission, 

Of this 3,436 acres, more than 2,000 is arable, over 700 is irri- 
gable under present conditions— and this irrigable area could be 
considerably llincreased I at relatively 'small expense. 316 acres 



8 



« 






i 







TURNING A NEW LEAP 



44<) 



/ 



are now irrigrated— the largest acreag^e irrig^ated on any proposi- 
tion viewed by your Commission except at Ethanac. There is 
nearly 50% more land than in the Robinson Monserrate proffer, 
about 60 % more arable land, about 600 % more irrigable land. 
316 acres now irrigated, as against none now irrigated on the 
Monserrate. Small proportion of actually waste land. Arable 
land nearly equal to total area of Monserrate. Less hard timber 
than Monserrate, butso much greater acreage in timber as to make 
the value considerably greater. Can house at once 35 families 
temporarily, and about 20 permanently; while the Monserrate could 
not house over one-sixth of that number temporarily, and has 
no buildings adapted for permanent homes for the Indians. At 
Pala the Government would have to build 12 to 15 houses ; on 
the Monserrate nearly 50. The quality of the land at Pala is 
the best in the San Luis Rey Valley, and averages far better 
than on the Monserrate. The variety of crops is far greater. 
Your Commission has not seen in its whole tour of investiga- 
tion, covering more than 900 miles by wagon and more than 
1,000 by rail, so many kinds of crops so successfully grown on 
the same area as it saw at Pala. Oranges, walnuts, apricots, 
olives, grapes, peaches, pomegranates, pears, etc., are all flour- 
ishing here, and, in the opinion of your Commission, any fruit 
or crop grown in Southern California can be grown here success- 
fully by the Indians. Your Commission has not seen anywhere 
else on its journey such variety and excellence of annual crops ; 
corn, beans, onions, potatoes, lettuce, radishes, turnips, etc., 
surpassed any other seen during the trip. Wheat and barle}^ 
and oats were up to the best seen by us — excepting only an irri- 
gated grain field at Ethanac. In respect to variety of crops, no 
other property offered compares with Pala. This valley has 
been the home of the Indians from time immemorial. It was 
selected three-quarters of a century ago by the Franciscan Mis- 
sionaries as a site for a Mis>ion ; and it is notorious that in the 
more than 30 selections made in California by these pioneers, not 
one was a blunder. The Mission sites are, to this day, and 
without exception, conceded to be the pick of California. This 
Mission has never been abandoned, but had fallen into disrepair. 
It is now being repaired by the Landmarks Club, and will have 
regular church services. The Warner Ranch Indians belong to 
this diocese. There are about ten Pala Indian families still at 
Pala, on reservations and homesteads as shown by map. The 
purchase of this valley by the Government for a reservation 
would practically unite the Warner's Ranch, Pala, Pauma and 
Rincon reservations. One farmer-overseer could serve all four ; 
and the convenience as to other phases of the Government's 
supervision of the Indians need not be insisted upon. 

With one exception (Las Flores), no other property examined 
by your Commission is at once so accessible to civilization and so 
safe from aggression. Pala has a daily mail and long-distance 
telephone (the only proposition, except Ethanac, where this is 
true) ; is 24 miles from Oceanside, 16 from Pallbrook, 12 from 
Temecula, all stations on the Southern California Railway ; 6 
miles from Pauma Indian village, 12 miles from Rincon ditto, 
18 from Pachanga ditto, 18 from La Joy a ditto, 35 by the road 
over Mt. Palomar to the present home of the Warner's Ranch 



I 



450 



OUT WEST 



TURNING A NEW LEAF 




The Mission at Pala. 

Indians — 20 miles further by easier road. No really desirable 
property, of those proffered, is appreciably nearer the Warner's 
Ranch Hot Springes. That is, the removal to Pala is not more 
than 5 miles long-er than to any other desirable property ; and 
it is from IS to 60 miles less than to most of the properties that 
can be reclioned as at all possible. This is counting: the longest 
road. By the short cut^'^over 'Mt. Palomar (Smith Mountain) 
the distance for removal from Warner's Ranch to Pala is 
less than to any other proffer that can possiby be considered for 
the Indians, except Agua Tibia ; and, counting grades, is fully 
as accessible to Warner's Ranch as that. In the removal of 
nearly 300 Indians, the distance to be covered is no small item. 
The shorter remove is not only less expensive to the Govern- 
ment, leaving more money of the appropriated sum to out- 
fit the Indians in their new home ; the physical and mental 
hardship to those removed is also less. 

The Pala Valley is bowl-shaped, with exit east and west along 
the stream, and north and south by passes. The configuration 
precludes any one, under any circumstances, from occupying 
lands adjacent to the Indians except in the east and west nar- 
rows of the valley. The whole history of the relations between 
Indians and whites in California emphasizes the importance of 
this fact. The Indians would here be safe from the aggression 
from which, almost without exception, the 30-odd reservations 
in Southern California have I suffered. Within easy reach of 
every refining and civilizing influence, the Indians would here be 
safe from the neighbors who advance their fences upon Indian 
land, impound Indian stock whenever they can catch it, run 
their own stock over Indian land, and in general ''crowd" the 
weaker. 

A school near the Mission and the present public school would 
be practically in the center of the reservation. The most dis- 
tant house would not be over about one mile from it. A train- 



\»^ 




The Grist-Mill. 



Pioio by C. F. L., July 8, 1902 



i';f,fi''°°ii ■ '"'^•'''*'' "'Peiter, blacksmitli, and other sli<„« 

T&llZ^'' '■" '»» ^°-°''^' - S*s"rtetr^tVfch?,^| 

Over 5,000 acres of vacant Government land adioins ihU 

proposition ; and your Commission recommendtthat 'i^ case of 

fa'n"'??h'e^ese\v^^^^^^^^^ the Government add tMsTacanI 

8 non ,Pr^c '^^.^^'^''^t^on- This would make a reservation of over 
8,000 acres at an expense of less than $46,000 to the Govern 
ment. This vacant land is all precipitotTand ro^ky wo7thkss' 
to any one else, outside the remotest possibility of seUkment 
but of value to the reservation as adding "elS>w-r<Sm " fS' 
range for stock and for bees. A large oart of tlTu?^ ' 

has a growth of chaparral, comLi^y^nse'iVn this StateTrTr'/ 
wood, and adequate to supply most of the domestic needs of in" 

tTmSr' "Mu^h oMt"''^"^/r ^^^ ^^^errd mor?t^jL^^^^ 
iimoer. Much of it would be of value as rane-e for ratfU ;« 

connection with the reservation ; and it is nearfy aU e^d U 
T^f. Honey-making is an industry to whfch the Indkns^re' 
adapted, and which is particularly suited to sSfthern Cah^orn^a 
The importance of the industry may be judged frSm the 7aci 



■mf&m. 



TURNING A NEW LEAF 



453 




'>*^s^ttfiiIL 







00 






SB ^ 



H 



o 



O ^ 



U 






o i 

Q rj 






CO 

o 



^ (J) 






>» 




Hill Grain (Unirkigated), 
ON THE Pala Property. 



P/ioio by C, F. Z., June 18, !%_> 



\ 



that in one year this (San Diego) county has shipped 900 tons of 
honey. The Pala Indians have already turned their attention to 
this work. Fifty stands of bees are included in the proposition. 

Olives are an important product of Southern California, and 
in the opinion of your Commission are of notable importance to 
the Indians as a food-staple. The Italian peasant works on a 
ration of ripe olives and black bread. The Mission Indians 
have been habituated since 1769 to the culture of the olive 
which the Franciscans planted at every Mission ; and while the 
Warner's Ranch Indians, in their remote home, have not been 
taught the olive, the other Mission Indians, who have known this 
nutritious food, are without exception fond of it. Quite apart 
from its commercial value— and tens of thousands of acres are 
planted to it in Southern California — there are at Pala some 25 
acres in bearing olive trees— enough to supply all the Indians 
proposed to be put there with all they can eat, and with a hand- 
some margin for market ; this much more than balances the 
lack of first quality mast, which is found but on one other 
property. 

With the exception of Las Flores, Pala is the only proposi- 
tion on which the Indians can continue successfully their valu- 
able industry of basket-making, which brings them some thou- 
sands of dollars per year — which income can be, and is by the 
Sequoya League intended to be, very much increased. In the 



A 



TURNING A NEW LEAF 



455 



454 



OUT WEST 



vacant Government lands recommended to be added to this pur- 
chase, there is a practically inexhaustible supply of the " squaw- 
berry," called by the Warner's Ranch Indians " Tsu-a-vish," 
which IS the chief material used by them in the making of the 
very beautiful, and commercially valuable, baskets for which 
they are famous. 

As to immediate income, to relieve the Government of the ne- 
cessity of supporting these Indians an undue length of time, no 
point examined by your Commission surpasses Pala ; and only 
Las Flores equals it. The large and first-class stand of alfalfa 
is in Itself an immediate revenue ; and the timber, while not so 
valuable «/ ioio as at Descanso, is far more handy to market. 
At no point viewed by your Commission is the demand for labor 
!^°?.n^«'"**^"- ^* *® claimed, and is believed by the Commission, 
that 200 men can find work eight months in the year within 40 
miles of Pala ; and 100 within 16 miles. The Warner's Ranch In- 
dians go to far greater distances to find work. When the 
Chairman of your Commission visited Warner's Ranch last 
March, 30 men were away at work in Los Nietos, 90 miles dis- 
tant. It IS believed by your Commission, however, that the 
nearer these men are to their families, the better for both ; and 
that the aim of the Government should be— as it doubtless is 
—to make these people home-owners, home-builders, home- 
lovers and home-dwellers, rather than a peon class of wandering 
day-laborers. The logic of purchasing lands for them seems to 
be to attach them to the soil. And this is also the logic of 
their character. As is well-known, every Mission Indian who 
has land that can be cultivated, cultivates it ; and this has been 
true ever since Junipero Serra first explored this region in 1769. 
The comfortable little house of adobe bricks, or enramada of 
wattled branches, and the patch of corn, wheat, chile, etc., are 
familiar to all travelers m Southern California. As a matter of 
fact, unpleasant though it be, there is not an Indian reservation 
in Southern California where the Indians have a first-rate 
chance to carry out their old habits. At Pala, they could show 
whatever may be in them. In the opinion of your Commission, 

^5*^^*"^°^^ ^^""^ ,^^^^ *^^ ^s* lo^ia*! reservation in the far 
West. They would be self-supporting from and after the first 
season-and could have been from the outset, but for the in- 
evitable delay in placing them, as the crops on these properties 
were good. There is good pasturage for such live stock as the 
Indians have or may be supplied with. A creamery some ten 
miles down the river affords an outlet for cream. There is 
about 20 miles of two and three-wire fencing on the property. 

WATER SUPPLY FOR IRRIGATION. 

Everything considered, your Commission deems the water 
supply of the Pala valley one of the safest, most abundant, most 
economical and most satisfactory enjoyed by any equal area in 
bouthern California. It not only comes up to the claims that 
were made for it— which has not been the case with many of 
the other properties examined— but it has successfully withstood 
a doubly searching investigation made by your Commission in 
view of malicious reports circulated by persons over-desirous of 
^^ J^?f^,. r^'r ^^^ property to the Government. On the 18th 
and 19th of June, your Commission measured the two irrigating 



I 



if i 



k* 




The Commission Measuring Lower End r/toio by C,F. Z,., June 18, 190-2 
OF GoLSH Ditch, Pala. 

ditches in use on those days upon this property. The Golsh 
ditch was running: 132.912 miner's inches at the intake. The 
diverting dam was mere sand, the river bed is sandy, and the 
loss evidently large. The photo shows surface water in the 
river beside the ditch. The Stevens ditch, which gets the sur- 
face water not saved by the Golsh ditch, was running 17.062 
miner's inches. This gives 149.974 miner's inches— by far the 
largest body of gravity water seen anywhere by your Commis- 
sion, except at Jurupa. This flow would be greatly increased, 
of course, by an adequate diverting dam. The Golsh ditch was 
that day in use irrigating the Welty 40 acres ; and measurement 
at the alfalfa field, about a mile below the intake, showed 
85.483 miner's inches running. That is, after passing a mile in 
a sand ditch, there was more water still flowing than your Com- 
mission has seen running by gravity on any other property 
offered excepting only San Pasqual ''A" (where the water is 
conserved in a wooden flume), and Jurupa; over 300 times as 
much water as was running on the Robinson Monserrate at the 
same date, nearly two-thirds more water than was running on 
the Agua Tibia on the same date— while the Pala flow at the 
intake was over 500 times the Monserrate supply and nearly 
three times the Aqua Tibia supply, both measured at the most 
favorable points and at an hour when the flow had been much 
less affected by evaporation. 

[to be continued.! 






456 

THE DEATH VALLEY PARTY OF 1849. 

By REV, JOHN WELLS BRIER, a Survivor. 

[conci^udkd] 

UT the whole party was now in 





RbV. J. H. I»KIKK AT «4. 



desperate emergency, and as 
one after another of the search^ 
ers for water returned unsuccessCtil, 
death from thirst seemed certain. My 
mother alone, rising from her prayers, 
was still confident, and as she was at- 
tempting to reassure us the last of the 
water-hunters — Deacon Richards — 
rushed into camp with the news that 
he had found water^ The stream he 
discovered has saved the lives of many 
prospectors, and is now known as Providence Springs. We 
camped there two days, during which we killed an ox and 
*' jerked" the meat. 

The next few d^ays were among the worst of the journey, and 
we were in the forest condition to endure them. We went 
along an Indian trail into a defile, in one of the branches of 
which my older brother lost his way, and my mother was nearly 
distracted with fear or\his capture by Indians before he again 
joined us. From this we came out upon a wilderness of dagger 
palms, through which we bent too far to the south again. Once 
our lives were only saved ^y a pool of turbid water on the edge 
of the Mojave Desert, froit^ which we drank, caring little for 
the deposit of yellow mud at\ the bottom of the coffee pot, and 
not knowing at all that witkin a mile was a spring of pure 
water. But at last we came to^good ground and green grass for 
the cattle again. Here anothet of our party, Mr. Robinson, 
died — from inanition rather thati from any definite disease. 
^ From this point, the prospect g-rew better with every mile, 
and the discovery of a stream flowing westward added to c^r 
relief, even though we had to wade it at every turn. The grass 
grew stronger and more varied ; evidences of animal life began 
to appear, and about noon of the second day we killed a mare 
and two foals. What a banquet they furnished no one can ap- 
preciate who has not lived for months on the flesh of diseased 
and thirst-wasted oxen. Here we also experimented with acorn 
bread — which proved, literally, a bitter disappointment. Our 
shoes had long ago worn out, and many of us wore moccasins of 
green raw-hide, which, with our generally ragged outfit and 
skeleton plight, gave us a very grotesque appearance. 

At length, we entered a glade, perfectly level and lawn-like, 



1 



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TURNING OVER A NEIW LHAF. 

II. 

T[^is not necessary to print now that section of the 
Commission's report which details its second and very 
searching investigation of the Pala water supply, 
made in view of certain malicious statements by 
property owners unduly desirous of selling their own 
lands to the Government. This section of the Re- 
port thoroughly exposed the falsity and absurdity 
of these rival claims, and fully established the per- 
manency and sufficiency of the Pala supply, which is one of 
the most abundant and satisfactory in this part of the State. 
A concluding paragraph on Pala adds some further informa- 
tion of interest and import, and is printed here, preceding the 
report on the Monserrate Ranch, which the Commission saved 
the Government from buying at an extravagant figure. 

THE commission's KKPORT— PAI,A — CONCLUDED. 

A small expenditure would, in the opinion of your Commis- 
sion, greatly increase the Pala water supply — which is already. 
as noted, one of the best in this part of the State. A small and 
inexpensive diverting dam at the intake of the Chorro ditch 
would perhaps double the flow. Even a day's work scraping out 
the sand and puddling with clay would very largely increase the 
flow. The two measurements on the Golsh ditch, June 18, show 




Warner's Ranch Indians. Photo by C. F. L., June 2!^ tooa 

( The delegates who accompanied the Commission on its trip.) 



L 




^imm^mmmm 




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TURNING OVER A NEW LEAF- 



5') I 



THE COYOTE 



587 



I 



heayen" Then he proceeded to make his word goo^with 
earn^ess and liberality, winding up by tossing iXe rascal 

into the^iddle of the street. ^/ ot,:„„t^ri 

Not lonKafterward Sam Hallet returned /r^f Washington, 
having proved the change in the law whirfT he had desired 
Talcott "laidT^ !»»'"'" ^^^^ ^ repeating^enry rifle, and shot 
him in the backXhe was going from hKboarding house to the 
railroad office. hS^ died where he^U Talcott mounted h,s 
horse, no effort beingNmade to dp^in him by the fifteeen or 
wen ty men who were p^ent, a^ rode out to his home, some 
three miles away, where Wliid himself in a cornfield. One 
murder, more or less, did i^^fbiunt in Wyandot county in those 
days, and he was never c^ureK" After that he was employed 
on the line of the Uni^fTPacific rWng west from Omaha but 
the county commissioners would not>U up the money to bring 
him back for triZ Even in the wint^Mollowing the murder, 
he was known idsome of the neighbors to^e concealed in the 

cellar of his/dwn house. ^ . . 

Of Haul's four children, the two sons areN^H living 
Robert/C., in Chicago, and Samuel I., in Silvertoi^N^lo., the 
lattep4)eing State Senator at this writing. 



tochester, N. Y. 



THE COYOTE. 



By AGNES KATHERINE GIBBS 

(SrtHE Chilly stars are trembling at the touch of winter's 
>»^l firisfcrs * 
^ Prom a spruce bough's cosy shelter thro' his mufflers 

hoots the owl; . ^^ i^ ^^'T'"' 

Close beside the cabin windows, silence, world-old, solemn, 
Till across the mesa comes the lone coyote's wavering howl. 

Half appealing, half defiant; made of maniac's awful laughter. 
Terror, wickedness exultant, cynic sneer and woman s wail ; 

Sharp and sudden in its ceasing, as its starting was, but after, 
Cliff and cave, and stream and forest all take up the eerie tale. 

The restless wind, upstarting from his fitful, broken slumber, 
Rushes, moaning, thro' the tree-tops ; silence, shuddering, 

hides her face. . . ..i ^ u 

Over yonder in the canon, ghosts and spirits without number, 
Join in wordless lamentation for a long forgotten race. 

Wild prayers never uttered yet beneath a Christian steeple ; 

Hymns and chants forever strangers to the ritual, cross and 
cowl ; 
The war-songs, love-songs, dirges, of a wild and untaught people. 

All mingle in the echoes that wrap the wierd coyote s howl I 

It ends ^ Returning silence wraps her furry cloak around me. 
The gentle household spirits, light, and warmth, and rest, 

draw nigher. . ,.,.11. i. 

Once more descends the perfect peace m which that outcry 

found me. .. ^ t *\' a 

In the box-stove's genial bosom glows the dear, lamiUar tire, 

Greenwood, Colorado. 




The CHucK-WACiON" ov the Commission 



Photo bv C. r L 



the loss of water in open sand ditches— a matter notorious 
throughout Southern California. The Golsh ditch on the south 
side of the river, and the Mission ditch on the north side, could 
be plastered with cement, in the manner now employed in all 
progressive irrigation plants in this region, with 250 inches 
capacity, at a cost not to exceed 25 cents per running foot, or 
$1,330 per mile. A mile or a mile and a half on each of these 
ditches cemented thus inexpensively, would guarantee an inex- 
haustible and abundant supply of water for irrigation of all the 
irrigable lands in this proposition ; and while the irrigation 
facilities as they stand today are unsurpassed, your Commission 
recommends that in case of purchase this improvement be made. 
It is the step any experienced and enterprising Californian would 
take on buying the property for himself. An expenditure of 
$5,000 at the outside should perfect the intake and distribution 
of this extraordinarily valuable volume of water ; and would 
still save the Government more than $20,000 over the Monserrate 
purchase. This $20,000 available for the purchase of lands 
''for such other Indians as are not now provided with suitable 
homes," would give at least four other reservations under this 
agency such relief as would remove them from the present cate- 
gory of continual complaint and of perennial trouble to the 

Department. 

The Pala proposition absolutely controls the four oldest 
ditches taken from the San Luis Rev river below the mill. 



w 



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TURNING OVER A NEW LEAF 



593 




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These ditches are higfher up the river, and antedate all other 
ditches except the Henderson. No one upstream can so divert 
the water as to keep it permanently from Pala. There are very 
few streams in Southern California where conditions are so sim- 
pie and so satisfactory. The importance of these facts to the 
safety of the water supply probably need not be dwelt upon. 

PALA " is a word of the Luiseno Indian language, and 
means 'water/' or '* place of water." The Warner's Ranch 
Indians are of the Luiseno branch of Mission Indians. So also 
are the few Pala Indians left. The latter have allotments at 
Pala, and a few have homesteads. There has been a hint of 
former unfriendliness between the two bands ; but to the knowl- 
edgfe of your Commission the Pala Indians are among those 
active in bringing about the proposed purchase at Pala for the 
Warner's Ranch Indians; and the Indian delegates from War- 
ner's^Ranch stated that their people were perfectly friendly to the 
Palefios. It is also well known that the two bands intervisit in 
large numbers on the occasion of their feasts, and that the rela- 
tions are amicable. The rumor was from an irresponsible 
source, but your Commission deemed it worth investigating. 
The total value of improvements at Pala, including fences, is 
about $8,000. This estimate seems conservative. 

THK M'CUMBAR or ROBINSON MONSKRRATK. 

In view of the general and earnest protest made throughout 
Southern California against the purchase of this property by 
the Government for the Warner's Ranch Indians (as recom- 
mended by U. S. Inspector McLaughlin) your Commission has 
made a searching investigation of the facts of the case. It 
spent two nights and part of three days on the property ; tra- 
versed it in all directions, by wagon and on foot, took photo- 
graphs, levels and measurements, and secured voluminous 
stenographic notes from the manager, Mr. Chas. Clark. After 
such examination your Commission is convinced that the pro- 
tests against the purchase of this ranch for the Indians are 
fully justified ; and, without going into certain suprising fea- 
tures, developed under examination, herewith presents, it be- 
lieves, sufficient reasons for its findings. 

CI.AIMS. 

The McCumbar portion of the Monserrate Ranch, now owned 
by Dr. G. W. Robinson, claims 2,370 acres ; about 1,800 arable, 
800 valley, 150 in alfalfa, '' 300 more has grown alfalfa ; " '* 300 
acres irrigable from the San Luis Rey River at certain seasons 
of the year; "' '' a forty horse-power pumping plant, compara- 
tively new and in good condition," which ''throws a steady and 
full stream of water through a 6-inch pipe" from '*a large 
well inexhaustible in its supply." This plant, it is claimed. 



■A t\ 



TURNING OVER A NEW LEAF 



595 



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is utilized to irrigfate a portion of the valley lands in unusual I3' 
dry seasons." Water is claimed to be ''only from 3 to S feet 
below the surface throug^hout the valley." '' This ranch is better 
supplied with timber than any other in South Western Cali- 
fornia, and in fact the only one containing necessary fuel." 
" Soil rich, water plentiful," (vide Report of Inspector, House 
Doc. No. 319, S7th Congress, 1st Session.) Recommended to be 
bought by the Government for $70,000. 



FINDINGS OF THE COMMISSION. 

u 



It is true that this property has a frontage of a mile on the 
San Luis Rey River," though the statement is misleading. The 
large upper portion of that frontage is by the high rock peak, 
shown in photo, which makes it impossible to take water out 
upon any portion of the ranch except a small tract at the lower 
end. It is not true that " at least 300 acres of the ranch lands 
can be irrigated from this stream at certain seasons of the year." 
From 75 to 80 acres can be irrigated in winter, the season when 
irrigation is not practiced. In the summer months, when irri- 
gation is vital, none of the ranch whatever can be irrigated from 
the river. The bed of the San Luis Rey was a dry sandwash at 
the Monserrate intake at the time of your Commission's visit, so 
early as June 19 ; nor was there water for irrigation when the 
chairman visited this spot last October. The method by which 
the manager expects to '* irrigate 300 acres from the river," in- 
volved, as he stated to the Commission, his original plan to 
'' bring the water up " to the hillock on which the house stands 
''and to give it a push that will send it way off there "—up 
hill. He stated that he ''came here a year ago, a greeny." 

The "40 horse-power pumping plant" is not in use. The 
manager admits that he never worked it except for one day, "to 
see what it would do." It is not pretended that it was ever in 
use more than a week. The manager states that it is four or 
five years old; outsiders say three or four. The boiler was 
found by your Commission full of water, after months of dis- 
use, and badly ru^ed. The pump had been removed from the 
pit and was lying in the dirt. It is not 6-inch but 5-inch. 
After measurement and consultation with its builders and 
several engineers, including some who know this individual 
plant, your Commission does not believe the plant to be of 40 
horse-power, nor of more than half that capacity. The claim 
that the water supply in the well is "inexhaustible" is gratu- 
itous. No attempt has been made to learn whether it is inex- 
haustible or not. Despite the large claims of irrigation, your 
Commission found the ranch on a purely dry-farming basis ; the 
river dry, the pumping plant abandoned, and the crops which 



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TURNING OVER A NEW LEAF 



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^Ao/o ^j' C. F. Z., y//;/^ 7. JQ02 
Marcelino QuASsrs, Captain of Puerta La Cruz. 
(One of the Warner's Ranch villages now to be evicted.) 

should be irrigfated suflfering from droug^ht. In the bottom, by 
the pump-house— the only spot on which water from the river 
could be put if there was water to put— the bean crop was dry- 
ing: out and choked with weeds. The alfalfa fields were also 
thirsty. Rougfh measurement by a civil engineer showed that 
the alfalfa fields claimed to be 150 acres are really about 60 
acres. In the rainy season it may be true that '' water is only 
from 3 to 5 feet below the surface throughout the valley ; " but 
the Commission saw, in the bottom of the valley, two wells 14 
feet deep and entirely dry, while the windmill at the upper end 
of the alfalfa was sucking air, having exhausted its well. 

All water for the house, live-stock and all other purposes is 
raised by windmill. The manager related to the Commission 
how the whole supply was cut off by a frog in the pipe, so that 
he had to dig a new well. 

The only visible water on the ranch was from two small 



- »- . H a m 



TURNING OVER A NEW LEAF 



599 










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Leonardo Aulingofis, Phetmby C. F. L.^ Jmiu 7, /(/cv 

Oldest Indian at Agua Caliente. 
(He served under Lt. Col. P. St. Geo. Cook at the entrance of the American armT toCalifomiia in Feb., 1817.) 

Springs at the northeast corner, shown by the manag^er. The 
larger— which he admitted was twice as large as the other — 
was measured by your Commission June 19 ; by capacity, being: 
too small for weir measurement. The full flow of this stream, 
falling six feet, filled a 3-quart canteen in 20 seconds by the 
stop watch! Not only is no adequate irrigation possible on this 
ranch in dry seasons, when irrigation is necessary, but it would 
be difficult so to locate the Indians that they should have water 
for household purposes. 

Except about 25 acres (claimed) in beans and potatoes, and 
about 60 in alfalfa (which the manager admits is ** about worn 
out ; it is full of mustard "), practically all the crops on the 
ranch are volunteer grain, some of which has made a very fair 
stand. The manager has turned his attention of late almost 



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MONSEKRATK RaNCH. P/ioiO by C. F. A., June 21, H)Q2 

(The rocky peak which shuts off all the upper portion of the ranch from the San T^uis Rey river.) 



:l 




TURNING OVER A NEW LEAF 



601 



wholly to hogrs. The 40 acres of valley land east of the alfalfa 
is strongly alkaline ; the manag^cr states that he had it in corn 
last year, but will now let it g-o back to salt-grass. He has 
abandoned butter making '' because it was too much trouble ; " 
has given up grain *' because it was too expensive to head and 
thresh on a large scale." 

The valley land is about 500 acres, instead of 800 as claimed. 
Your Commission took 16 measurements across the valley, and 
found it averages 23 chains wide. It is 160 chains long. 

The live-oak grove is a very fine one, and probably covers 100 
acres as claimed. It is not true, however, that the Monserrate 

is better supplied with timber than any other in Southwestern 
California, and in fact the only one containing necessary fuel." 
A large number of ranches have the *' necessary fuel ;" and your 
Commission has examined, among those now proffered to the 
Government, at least nine which have more timber than the 
Monserrate, and two of them more than ten times as much. 

Your Commission has no hesitation in stating that in its 
opinion the price— $70,000— at which it was recommended that 
this property be purchased by the Government, is excessive, to 
state it mildly. Whether justly or not, it is a widespread im- 
pression that the ranch could have been bought for not to ex- 
ceed two-thirds of that sum. Your Commission asked the 
manager directly, three times, if the property had not been sold 
at foreclosure. He assured us that it never had been, and that 
the foreclosure story related to the Fenton portion of the Mon- 
serrate. Your Commission had in its possession at the time the 
following information from the judicial records of San Diego 
county, Cal.: 

Dec. 24, 1894, in a foroclosure proceeding by the People's 
Home Savings Bank vs. C. L. McCumbar et al., E. Carter, a 
commissioner appointed by the court, sold the McCumbar por- 
tion of the Monserrate Ranch [this exact property] to J. E. 
Wadham for $25,000. Mr. Wadham assigned the certificate to 
G. A. Garretson, and a deed was issued to him by Carter as 
Commissioner, July 1, 1895, recorded in Book 238, page 288, for 
Tract *'C," containing about 210 acres, and part of Tract *'A," 
containing about 2,000 acres. 

July 31, 1895, Garretson conveyed the premises to C. L. and 
G. W. McCumbar, for $25,000, deed recorded in Book 243, page 
55, and took a mortgage back for $23,250, recorded in Book 90, 
page 128 of Mortgages ; taking a mortgage for the difference, 
$1,725 on other property, recorded in Book 90 of Mortgages, 
page 418. 

Feb. 26, 1898, the McCumbars entered into a contract to 
sell the property to George W. Robinson ; Robinson to assume 
the mortgage, and to convey to the McCumbars some property 
in New York, which does not seem to have been valued at over 
$10,000, as the certificate was to be limited to that value. This 
contract is recorded in Book 267, page 299. 

Aug. 13, 1897, the McCumbars made a deed to Robinson for 
the consideration of $30,000, which seems to have been the 
agreed price, as the revenue stamp is for $30. Deed recorded in 
Book 272, page 282. Robinson, in addition, was to pay $11,000 
for the personal property on the ranch. 






6(>2 



OUT WEST 



The personal property on the ranch is not included in the 
proposition to sell to the Government for $70,000. 

Your Commission also begs to state that in its opinion the 
Robinson Monserrate at nearly $30 per acre is relatively one of 
the dearest properties it has examined. A large number of 
ranches, greatly superior to this, with better land, far more 
land, as much or more timber, hundreds of times the available 
water supply, and in every particular better adapted to the pur- 
pose, can be bought and are now proffered to the Government, 
at a saving of $10,000 to $25,000. As landscape the Monserrate 
is an exceptionally beautiful area, and might well fascinate a 
stranger to California and to the peculiar conditions of farming. 
In the hands of an intelligent, active American farmer, with 
sufficient capital and large executive ability, with costly ma- 
chinery, and the best methods, the ranch would probably pay 
well ; but it does not now enjoy the reputation, jamong those 
who are familiar it, of a paying place ; and it would not be 
possible for Indians, even with a good overseer, to make it a 
success. Owing to the distribution of the water — or rather lack 
of water — and other causes, it would be extremely difficult, if 
not impossible, to allot it satisfactorily. The Warner's Ranch 
Indians are, and have been from the first, particularly opposed 
to this property ; and to put them upon it would intensify their 
discontent at being removed from their old home. 

PROPERTIES EXAMINED BY THE COMMISSION 



PROPERTY ^ M 

^ i 

Pala 3,438 2,028 

Descanso 6,841 3.245 

Las Flores 5,230 3,000 

Agua Tibia 1,563 1,000 

S. Pasqual *'A" .. 1,996 1,154 

S. Paaqual **B" .. 1,416 1,200 

Ludy 2,085 1,400 

Pauba-Temec. ... 8,000 3,000 

Pauma 13,059 2,500 

Ethanac 700 700 

Sta. Ysabel 2,500 250 

Maxcy 4,200 2,500 

Moosa 4,380 

F. Grand 6,500 1,200 

Evans 2,000 500 

Newport 2,775 2,275 

Etcheverry 3,000 2,000 

San Felipe 9,973 

Webster 2,487 1,200 

Monserrate— 

Robinson's 2,370 1,300 

Fenton's 2,676 750 

Palomares 4,302 2,500 

De Lruz 1,700 739 

Fallbrook 3,653 487 

Dinwiddie 2,720 650 

Guajome 2,350 1,800 

Jurupa 2,500 2,300 

Warner's Ranch.. 30,000 

Except water measurements. 
Some, particularly in arable and 



be 



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£3=2 



733 


650 


316 


200 


1,045 




5,500 


500 


250 


.,000 


300 


140 


529 


554 


100 


800 


• • • • • t 


140 


105 


600 


80 


700 


'706 


700 


75 


250 

1,500 


12 


"36 


'ioo 


"36 


500 


150 


100 





2,275 







400 








150 




80 


1,300 







250 







2,500 





107 


349 


12 


108 


250 
450 


50 


20 


1,420 




625 


710 


625 



27 

4 
7 
14 
45 
8 



2 

5 
40 
12 

4 
7 
3 



15 
6 

2 
24 

27 

21 

7 

10 



135 
38 
36 
53 

100 



22 

"Vs 

140 

10 

2 

4 

E 5 

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31 
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19 



46,230 
51,000 
66,500 
50,000 
81,500 
68,670 
36,000 
70,000 
60,000 
70,000 
50,000 
50,000 
68,985 
40,000 
80,000 
70,000 
70,000 
70,000 
37,305 

70,000 
38,000 
60,000 
50,000 
35,000 
50,000 
55,000 
60,000 
245,000 



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$13 

7 

12 

32 

41 

48 

17 

9 

5 

100 

20 

12 

16 

6 

40 

25 

23 

7 

15 

30 
14 
14 
29 

9 
18 
23 
24 

7 



above figures are 
irrigable area, are 



mostly owner's claims, 
excessive. 



Ti-w'*Bf«i«»r'Hf— 1?-^.- 



-!-l!»- 




d Warner Ranch Indian] 



mstruds Native Wigwam 



\ 



Angel Kwilp, 100 Years Old, Is Building Replica of Prim- 
itive House Used by Redmen Before Advent of Span 
iards for Smithsonian Institution. 



• smitnao 



An^el Kwllp.^r^uiliX lOO-year- 
old Warner ranch Indian, is con- 
structing for the Smithsonian In- 
stitution a full-«ized' replica of the 
primitive type of house used W the 



grow In the lak©8, the weaving he- 
ing done with milkweed fiber. The 
Indian word meaning "to lock the 



door" really sayis ''to tie 



• I 



. southern Cr ^'^77n1n f^^^^^"« hpforfi 
thr> l-ln-vnia rcis en me I^Q J 
and b^Ol»e buildings of adohe ha 
been introduced Into California 
This work is under the direction of 
l>r J. P. Harrington and the con- 
struction of the house will pro- 
gress slowly for several weeks, 
every material of construction be- 
ing the »ame tha.t was used by the 
Indians before the d«Lys of Ramona 
and even the knots used for tying 
the poles together are madti in In- 
dian fashion. When tlie house is 
finished it will be furnished with 
Ind-lan matting, basketry and uten- 
sils, the purpose being" to preserve 
as far as possible a knowledge of 
all details of construction and fur- 
nishings of the ancient California 

Indians. . , j <„ 

The wigwam 1« circular and is 
about 15 feet in diameter, while 
the height is about 16 feet. A stake 
Is driven In the ground and -a string 
tied to it; a circle of the dieslred 
radius Is inscrlV>ed on the gi'ound. 
Willow poles are then cut. Post 
holes are dug a step aipart around 
the circle with a primitive crowbar 
made bv hardening the point qf a 
.sharpened stick in the fire; the 
earth is scooped out With Indian 
baskets or with the hrnds. The 
poles are brought together at the 
top and are securely tied with string 
made from the fiber of the red 
milkweed. This fiber is prepared 
bv twistlnJ? on the .bare knee and Is 
very strong. Over the framework 
of poles wild brush is lashed horl- 
7.ontallv to serve as a bed for the 
thatching, which Is put on In 
or seven tiers. 
PKClliTAK GRASS USED 

The thatching material Is a 
onllar gra^s which grows on 
higher open hill sides of Warners 
ranch. The plants are pulled up by 
the roots, because if the stems 
were cut water would enter and rot 
the thatching. These plants are 
alternated as they are placed on the 
roof, one of them being placed right 
side up and the next one upside 
down. To avoid the excessive use 
of milkweed string, the making of 
which is a laborious task, the grass 
is tierl with a rope by an ingenious 
de\'1ce. A fiiifpple willow twig is 
run across so that It holds the 
-rasa tightly for a section of a yard 
or more In length, only the ends of 
the twig being tied to the frame- 
work of the house. The overlap- 
ping of the'tlers cover up the lash- 
ing so that the house is neat In ap- 
pearance when finlshf.d The 
thatching when compressed by the 
twigs is six Inches thick, hard as 
I a board and Impei-vious to rain and 

wind. ^ , 

At the top of the hous>e an ample 
hole is left for the exit of smoke 
and in the middle of the earth 
floor a pit 10 inches deep Is dug 
which Is used as the "atlzadoro," 
or fireplace of the houBe. Around 
this hole aro placed three pot rests 
.^or suiwortlng the Indian ollas 
which are useii for cooking pur- 

noses. 

The door of the house la a 
"petate" or tule mat. These are 
Hcoven from the large tulea which region for 



six 



pe- 

the 



the door, 
for the only protection from the 
intruder when Indians went away 
and left the house was to tie the 
tule mat across the door. But In- 
dian courtesy and custom forbade 
anyone from entering a house when 
no people were around, and Indians 
did not steal from each other. 
SLEPT ON MATS 

Similar mats were used for sleep- 
ing and for sitting on the floor. 
Theise mats were like newspapers, 
and are surprisingly warm w^hen 
used for such purposes. The In- 
dians lying at night had nothing 
between themselves and the cold 
earth except qne of the»e "petates 
de tule." • 

Some of the Indians had their 
houses lined on the inside with 
similar tule mats, much as the 
Americans use wallpaper. The 
poorer houses had the willow twigs 
showing on the inside. Between the 
poles and the thatching all kinds 
of Indian utensils and furnishings 
were inserted, it offering a con- 
venient place for placing such ob- 
jects, where they would be out of 
the reach of children and in sight 
when they were needed for use. 

Baskets, storage vats, regalia 
ca^es and other furnishings will 
complete the equipment of this 
primitive wigwam, which is the 
first ever constructed for scientific 

purposes. 

Some of the Indians at the 
springs had their houses arranged 
so that the ho-t water ran through 
them and had the curioii.s custom, 
reported from no other place in th© 
world, of keeping In the warm 
water. "Some of the Indians would 
sleep all night with their bodies In 
the water and only their heads 
sticking out," stated the aged in- 
formant, Angel Kwilp. "You would 
think that that it would kill them, 
but they got used to It. They had 
the hot and cold water running as 
Americans have in a modern bath- 
tub, and they would switch the 
water from time to time to keep 
their bodies the right temperature. 
Seals live in the pcean and stay in 
the water all the time and it does 
not hurt them, and that was the 
way it was with these Indians." 
IMPERVIOUS TO QUAKES 

People have made a great deal 
of ado during recent years about 
Spanish architecture, which is 
adobe con'structl^gn and therefore 
affected by earthquakes. The In- 
dians had never heard 
houses and theirs was 
tecture vastly older and 
less interesting. While adobe houses 
were constructed In southern Cali- 
fornia during the Spanish and 
Mexican rule of leas than a hundred 
years, the neat wigwams of the In- 
dians were u.sed for many thousands 
of years and were not affected by 
earthquakes or the elements. They 
were practical and healthy in every 
way and it is a strange fact that 
not one of these has survived down 
to modern times, although there 
are some very good examples left 
of Spanish California architecture. 
To all of thoise who love the his- 
tory of California and a study of 
the people who Inhabited this 
a period many time* 



longer than that of the Spanish 
and American occupation, the 
building of this primitive Indian 
wigwam by the last surviving In- 
dian will be of the greatest appeal 
and interest, say tJioise who ha^ 
»€en its construction. 



of adobe 

an archl- 

not a bit 






R 



t iun(^^ 



C. Hart Mcrrlsm 



EA 



,t • ••* 



£;C. J3o 



Xe.\V<|l W- ^av.^cx'vvaviLl'A.o M^V 



y^/^A/ 



Extract from ' History of San Bernardino Valley 
from the Padres to the Pioneers . 1810«18£>a * .Ji'ather 
Juan Cabal 1 er ia , 190^ ' 

Beliefs of Indians of Seui Bernardino Valley. 



"The early Indians were not idolators. . . .They worshiped the 
good and the evil prindiple. The latter, typified by the coyote, 
they evidently considered the more powerful, as their dances and 
religious ceremonies were generally propiatory and usually in 

honor of the evil one. . ." 

■According to a belief of the Indians of San Bernardino Valley, 
the go3i Mutcat created the earth, the sea and all the animals, 
birds, fishes, trees and lasbly man. Then, desiring to view the 
work of his hands, he descended from his heavenly abode of Tucupac. 
to visit Ojor, the earthly creation, wishing to express his satis- 
faction and still further beautify the earth he gave to man the 
various trees, plants and flowers. Knowing that in employment man 
finds happiness, he taught them to build their houses and the many 
arts whereby they might pass their time in contentment and usefulness. 

"For a period of time all was peace and serenity. . . The 
earth yielded fruit in abundance. .. ,. death had never entered to 
bring sorrow and separation to mankind. 

"Unfortunately the peace was broken. Isel, the evil god, be- 
came envious of the h|)pines3 of men. . He caused death to come into 
the world, brought famine and pestilence and sowed the seed of 
discord among men. But as Isel was moved solely by envy, it was 
believed his anger would be appeased and favor obctfiiined throu^ 

gifts of food, chanting, dances and feasts in his honor. 

"On the other hand, Mutcat, the spirit of good, was ever solicit - 
ous for the welfare of his earthly children. . ." pp. 49-50. 



TH^ GHOST DANCE RELIGION 



E.W.Gifford. Southern Me idu Religious Ceremonies (Am.Anthrop. , 

29: 214-236. 252-257. 1927);8nd Miwok Ciilts: 393.399,400- 



402. 1926. 



A.L.Kroeber. Hdbk.Inds. Calif. 




868-873. 1925. 



Ghost Dance in Calif.— Journ. Am. Folklore 17: 32-35. 



1904. 



Edwin M, Loeb, Porno Polkiways: 149-405, 1926. 

R.H.Iowie, Shoshonean Ethnography. Am.Mus. Nat. Hist. Anthrop.Pap 



20: 295, 1924. 



240 



Theodore McCown, field notes, 1929. 

.James Mooney, The Ghost Dance Religion, B.A.E. 14th Ann.Rept. ,pt.2. 

1896. 

Stephen Powers, Tribes of Calif., 352, 353, 381, 1877. 

Leslie Spier, The Shost Dance of 1870 Among the Klamath of Oregon, 

ITniv. Wash. Publ. Anthrop.,2: 39-56, 1927. 

J.H.Steward, field notes. 1927. 



EARTHQUAKES by A. L. Krobber. 

Jour.Am.Folk-Lore in, Oct, -Dec, pp. 322-323, 1906 
Oalif . Indian names for aarthquake. 



Yurok 
Yokuts 



EAKIHQUAKES 



Jour, Am, Folk-Lord IDC, No. 75, Oct. -Dec. pp.322-323, 1906. 



:!alif . Indian namea fb r earthquake 





Jaime de Angulo in^ phe Backf^ 
Feeling in a Primitive Tribe . Qkne ri can Anth ro po 1 o gi s t , 
Vol. 28, No, 2, April 1926)statee,"I have never been able 
to find the sli^test trace of even the vaguest conception 
of Godhead among the Pit River Indians of northeastern 
California. The Pit River tribe, of which the Adzumawi 
and the Atsuge are two of the local groups, are an extreme- 
ly primitive people. Indeed, the most salient character- 
istic of their culture is the absence of nearly everything: 
no totemism, no social organization, no secret societies, 
no religious ceremonies of any kind, no priesthood, no 

real tabus". 

He remarks that althou^ these Indians have no religi- 
ous ceremonies, no priesthood, and not the sli^test 
approach to any conception of Godhead, nevertheless, their 
life "is nothing but a continuous religious experience. 
"To me,' j'E^^^Bssential of religion is not a more or less 
rationalized conceptual system of explanations of reality, 
but rather the 'spirit of wonder,' or as Lowie puts it: 
the recogiition of the awe-inspiring, extraordinary mani- 
festations of reality. The difference between the two 
attitudes is essential. The one leads ultimately from 
humble origins in explanatory myths and stories of crea- 
tion to a scientific discipline. The other i a the mystical 



attitude, sufficient unto itself for those who happen 
to possess it, but an eternal puzzle and source of 
annoyance to the others because it stubbornly resists 
all attempts at rationalization. 

'^Therefore, it is logically impossible for the ration- 
al man to understand the religious feeling of the primi- 
tives, and this is the probable cause of the failure 
of orthodox scientific ethnoloQr in this field. 



Cf 



The spirit of wonder, the rfirngnitinn nf lifft fi^q 



power ^ as a mysterious, ubiquitous, concentrated fonn 
of non-material ener^, of something loose about the 
world ajid contained im a more or less condensed degree 
by every object, — that is the credo of the Pit River 
Indian. Of course he would not put it in precisely 
this way. The phraseology is mine, but it is not far 
from their own. Power, power, power, this is the burden 
of the song of everyday life among these people. With- 
out power you cannot do anything out of the ordinary. 
V/ith power you can do anything, This power is the same 
thing as luc)c . The primitive conception of luck is not 
at all the same as ours. For us luck is fortuitousness. 
For them, it is the hi^est expression of the ener^ 
back of life. Hence the aacred character of all forms 
of ^mbling in primitive life. 



't^9S!^» 



''There, in gambling, in the ^hand-gsiineV you will 
find the true expression of religious feeling in 
fonn, if you are looking for religious form. Watch 
the fervor of two teams as they sing the rhythmic 
songs of power for a whole ni^t and you cannot 
escape the feeling the @imbling here is a religious 
experience," 

On a later page he goes on to say, "No one animal 
is more especially sacred than any other. Silver 
Fox created the world with the help of Coyote. But 
neither of them is veneritted in any way. There is 
not the least feeling of making these or any other 
animals into gods there is no real differ- 
ence between men and animals from the point of view 

« 

of the Pit River Indian But neither in their 

docto rings, in their relations with damagomi's or 
dinihowi's, nor in their myths jmd tales is there 
anything which can even remotely be called God or 
a god. " 



Berkeley, California. 



, X 



A CALIFORNIA LOAN EXHIBITION. 



Txw 




met recognition from the Sir John of 
criticism — for the Franciscan missions 
were also fortified castles, rude but 
built for genuine defense — while 
glimpses en route of the double peas- 
antry of Mexico and China would 
have assured us an almost monarchical 
position with difficult mademoiselle, 
Luciano runs up the outer stairway 
of the San Gabriel, it being a spray of 
wild tobacco growing by the empty 
niche built by the neophytes upon 
whose forehead the padres had made 
the sign of the cross ; you watch the 
gardener, in the blue blouse Millet 



- ^111 p 



343 

io de los Temblores?" *' Could we 
still find Indian women to make jelly 
from the tunas of Father Jose Maria 
de Zalvidea's old mission hedge ?" 

' ' Would they use panocha or sugfar 
if we could ?'* 

' ' Did they make and can they still 
make pomegranate wine at San Juan ?' * 

* ' Could we find a genuine Indian 
alabado and a native musician to get 
it upon music paper, red notes pre- 
ferred?" 

** Do you suppose they buried the 
bass-viols and other church instru- 
ments with the mission bells ?" 




Indian Sonajas or Rattles, used in the worship of Chinigcbinich. 
Collection of Antonio F. Coronel. 



would have loved to paint, lift the 
pilgrim gourd to his lips under the 
big hat, '*mow;" a muchachita like 
Susana darts out from a pomegranate 
hedge, sets a smaller muchacha with 
painful violence upon a turf oi filaria 
and sings for you a song like that 
which Mr. Fraence heard in old Spain 
itself. By what mse will the com- 
isionados persuade all this representa- 
tive picturesqueness to the Fair ? 

' * Do you believe the eight bells of 
San lyuis Rey were buried by the 
neophytes? Which, ah which, Sehor 
Don, was the real and not the reputed 



' ' What coloring did the Indians 
use in their frescoing and what re- 
mains of it exist at Pala ?" 

All these questions are asked and 
answered in the house of the interpre- 
ter or, not to be disagreeable and 
mysterious, in the sala of Don 
Antonio Coronel. 

It is literally, however, through the 
services of Dona Mariana, the house 
of the interpreter, as many a ques- 
tioner into the past can testify. The 
name ''Mariana," in large letters 
over the front doorway tells of its 
dedicatory character. We are living 



344 



A CALIFORNIA LOAN EXHIBITION. 



in the sequoia * * period, ' ' as opposed 
to the adobe ; so the house is, of course, 
of two high stories of white redwood, 
with attic and a basement which is 
a ground-floor of history. Looking 
out of its front bay window you may 
still see from this casa grande the 
walls of the old house denuded of 
orange and lemon trees, climbing 
cactus and roses. The carreta, which 
used to stand before the open door- 
way, reminding me of the royal, if 
faineant, days of France has fallen to 
pieces ; only the two big sycamore 
wheels from the Verdugo Caiion, 
standing side by side in the museum, 
to show its construction to the visitors 
who come now in victoria or coupe. 
Transplanted yerba buena, bergamot, 
and sleep-compelling adormiders, how- 
ever, bloom along the cemented walks 
and an agave or maguey stretches up 
symbolically to the very eaves, com- 
mensurate with the new regime as it 
towered above the old. 

You are not only in the house of 
the interpreter but in the palpable 
dominion and atmosphere of Hernando 
Cortez. A series of strange old pic- 
tures form a Spanish line of possession 
along the walls. These pictures rep- 
resent Mariana, also in the role of 
interpreter, between Cortez and Mon- 
tezuma ; Mariana, almost the first of 
Indian neophytes whose technical 
difficulties when called upon to ex- 
plain the Trinity and the transubstan- 
tiation are suggested by Mr. Prescott, 
and of whom we may be sure the 
Spaniard also demanded a translated 
diagnosis of that disease which could 
only be cured by Indian gold. Ex- 
amples of plumaje, or featherwork, 
such maybe as Alvarado's caravel 
first took back to Charles V line the 
walls, alternating with portraits and 
cabinets of Guadalajara ware, while 
Don Antonio's sombrero, now reduced, 
under our civilization, to a mural 
decoration instead of a head-covering, 
hangs in the doorway, and his rebozo 
is ' ' draped ' * high over a modern 
curtain-pole. 

The house may be said to be under 



the invocation of San Antonio de 
Padua as well as the dominion of 
Cortez. The opening door conceals for 
you, as coming guest, a tiny image of 
the saint which, as a parting one, you 
may examine. As a remembrance of 
General Vallejo, a picture of the 
founding of Saint Antony's own mis- 
sion greets you from the wall, and 
the mountain of the seraphic doctor 
shows white from the window to the 
north. To the right of the Virgin in 
the oratory upstairs, the great miracle- 
worker holds the Jesuito on his book, 
and here, night and day, when la 
grippe attacks the Don and local 
history together, burns the supplica- 
tory candle of Mariana to this patron 
saint. 

What question in state history or 
local tradition will you have answered 
to-day ? 

Would you see Don Antonio reha- 
bilitate the old Californian soldado de 
cuero, who was Indian fighter, mission 
guard, defender of the Castillo of the 
Presidio of San Diego, Santa Barbara, 
Monterev or San Francisco, or of the 
pueblos of Los Angeles and San Jose ? 
The cotton jackets of the followers of 
Cortez in Mexico are succeeded in the 
mission chronicles by these cuirassiers 
of Carlos III, who spent vSO much of 
this mortal life in seven layers of 
tanned buckskin and were carried into 
the mission graveyards in the cord 
and cowl of St. Francis, cast off by 
padre and confessor. Seven such 
buckskins, tanned perhaps by as 
many Christian Indians for the 
caballeros' defense against the arrows 
of the Gentile ones, made these 
leather jackets of history. The seven 
thicknesses of this cuirass or corium 
were sewed by Indian armouries with 
buckskin strips fashioned something 
after the fashion, to use a chef s simile, 
of lardoons, and the buckskin boots 
elaborately laced with similar strips of 
greater size. The quilted collar of 
the cuirass, turned up above the ears, 
met the brim of the sombrero duro, 
the ribbon of which was always black. 
On his arm this same soldado slipped 



IDISEKO clans md RELIGIOUS SOCIETIES 



E. W. Gifford, Clans & Moieties in Southern 
California, Univ. Calif. Pubs, in Am. Arch. & 
Ethn.» Vol. 14, pp. 201-2U, 1918. 



PrimWe ^elifhH 



ITS NATURE AND ORIGIN 

Dr. Radin undertakes in this volume to break down into its sim- 
pie primary elements a phenomenon that has been the subject of 
much fanciful speculation since the beginning of scientific an- 
thropology. For this task he is equipped by a lifetime of field re- 
search and interpretation that have made him an internationally 
recognized authority on primitive religion. 

His approach is at once novel and common-sense; instead of 
regarding the primitive group as homogeneous, with all members 
equally and similarly affected by religious experience, he makes 
a distinction (which we accept as valid for our own culture) 
between the shaman or priest and the layman. Th e religio us 
practitioner under early conditions must necessarily be of an 
abSmai type, and this sets for all time certain universal char- 
acteristics of religious experience. The layman, on the other hand, 
demands from religion a purely practical function— magical pro- 
tection in the uncontrollable crises of life. 

From this inherent conflict, when seen against the background 
of successive stages of economic and social evolution— from sim- 
ple food-gathering cultures to complex agricultural civilizations 
—grow directly the chief manifestations of religious life and in- 
directly such concepts as the soul, spurits, totems, gods. 

Richly illustrated with examples from the religious thinking 
of primitive peoples in all parts of the world, this book offers an 
explanation of the origins and purposes of religion acceptable to 
the modem intelligence and related to the other major aspects 
of social life. J3-5o 

7ke VikiHf pHiA • Itew Tfctk Gt^ 



DR. PAUL RADIN is an incurable 
free-lance, whom several universities have 
been unable to hold for long and who will 
not enroll in any scientific society, despite 
the general recognition that he is one of 
our leading anthropologists. He began his 
anthropological career while studying in 
Germany and continued it under Franz 
Boas at Columbia. During a later five-year 
stay in England, he worked with Profes- 
sors Rivers and Ogden and lectured at 
Cambridge. In an interval he gave a course 
in anthropology to Jung and his "seminar" 
in Zurich. He has held fellowships from 
Columbia, Harvard, and Yale; has worked 
on museum collections at Berlin, Prague, 
Florence, and London; has taught at the 
Universities of California, Fisk, and Chi- 
cago; has been official anthropologist or 
field research worker for the Bureau of 
American Ethnology in Washington, the 
Canadian Geological Survey, the Laura 
Spelman Rockefeller Memorial, and the 
University of Michigan; has conducted 
scientific expeditions among the Ojibwa, 
Winnebago, Zapotec, Wappo, Pomo, Pat- 
win, and Ottawa tribes. Since 1935 he has 
been supervisor and director of a govern- 
ment Survey of the National Minorities of 
California. 

Besides numerous articles in scientific 
journals, his published works are: Myths 
and Tales of the Ojibiva of Southeastern 
Ontario (1914); El Folklore de Oaxaca 
(1917); The Sources and Authenticity of 
the History of the Ancient Mexicans 
(1920); The Winnebago Tribe (1923); 
Crashing Thunder: The Autobiography 
of an American Indian (1926); Primitive 
Man as Philosopher (1927); The Story of 
the American Indian (1927); Social An- 
thropology (1932); The Method and 
Theory of Ethnology (1933)^ ^^^ Racial 
Myth (1934)- 



Res 



ed/uo 



L re/f rf 



><-<-^ <5^Yc lutuLii^ 



CI" 



■■n 



v> 



t. 



Eu/ fw o 



INGE. l^S^fo 



' [N. S. Vol.111. No. 67. 



In the Sunday edition of the New York Sun 
for March 29th Mr. Jeremiah Curtin, formerly 
of the Bureau of Ethnology, began a series of 
articles on primitive folk lore collected from the 
Indians in California, Mexico and Guatemala. 
He writes first on the traditions of the Uintas, a 
nation formerly resident on the right bank of 
the Sacramento from San Francisco Bay to the 
foot of Mt. Shasta. 



/ 



y 



'i 



K 




■> 




northern 
'lARLY.CALIPOHNIA NEWSPAPERS ON 

IN 

LIBRARY OP CONGRESS 



PILE 



San Prancisco Weekly Herald, Apr.l853-July 1860 

The Daily National, Aug.l6,1858-Dec.31,1858 1 vol. 

July 1, 1859-Dec.2o,1859 2 " 



Daily Pacific Neiis, Jan.l5-May 15, 1851 
Daily Evening Picayune, Janl-Dec.31, 1851 

Daily Placer Times & Transcript 

Dec.l6,1852-Dec.31,1854 

korning Post, July-Oct.1851 

Daily Sun, Aug.2lT 1856-Peb.5. 1857 



2 vol. 



5 vol. 



1 vol. 



Daily American Plag, Dec.l,1864-0ct.l0,1866 2 



The Bulletin, Aug.22,1853-June 30,1884 
S.P. Chronicle, Dec. 3, 185 3- June 30,1854 



32 



California Daily Courier, Dec. 2'50-Julyl5, '51 1 



Daily Globe, Apr. 22, 1856-Nov.l9, 1856 

0ct.7,1857-Nov.l3, 1857 
Peb. 5,1858-Aug.l4,1858 

Herald, Oct. 5, 1859 - Oct. 26, 1860 ^^ 1 

all months between Aug. '53 Sc Dec. '61 



n 



ti 



Daily Alta Califomie, 0ct.2,1850-May 1,'51 1 

Mayi6,1851-Nov.20'52 2 " 
July 1,'53-Nov.20'56 5 " 



fi 



M 



n 



1 ♦* 
1 " 
1 " 



rt 



The Shasta Courier, May 29 - July 17, 1852 
Placerville— The Mountain Democrat, Jan. 3, 1857 
Marysville Daily Appeal, May 28,1862-Dec.31,1364 



3 vol. 



northern 
l^ARLY CALIPOBNIA NKWSPAP15HS ON PIL3 

IN 

LIBRABY OP CONGRESS 



San Pranoisco Weekly Herald, Apr,1853«July I860 

The Daily National, Ang«16,1858-Dec.31.1858 1 toI, 

July 1, 1869-Deo. 20,1859 2 " 



Daily Peoifio News, Jan.l5-kiay 15, 1851 
Dally Brening Pioaynna, j8nl->Deo.31, 1851 

Daily Plaoar Times 5: Trsnsoript 

Deo . 16 , 1852-Dec . 31 , 1854 

korning Peat, July«0ct.l861 

Daily Sun, Aug.21-r 1866«Pet.5. 1857 



Daily A Its Gslifomia 



0ct.2.1850-{«l8y l.»51 
Mayl6,ia51-hov.E0»52 
July 1.'53-No7.20'56 



2 TOl. 



5 vol. 



Daily American Plag, Dec.l,1864-Uct.l0,1866 2 



1 vol. 



1 " 

2 »» 
5 ♦♦ 






The Bulletin. Aug.22.1853-June 30.1884 

3.P. Ohroniole, Dec. 3, 186 3- June 30,1854 1 

California Doily Courier. Deo. 2'50-Julyl5, »51 1 



Daily Globe, ADr.22. 185d-Nov,19. Id56 

0'ot.7,id57.Nov.l3. 1867 
Peb. 5.1868-Aug.l4,1858 

Herald, Oot. 6. 1859 . Oct. 26, 1860 , 

all Rticniiltibs between Aug. '53 & Deo. '61 



w 



w 



1 »• 
1 " 
1 " 



tf 



Tho Shflflta Courier, fcay 29 - July 17, 1852 
Placerrille— The Mountain Democrat. Jan. 3. 1857 
Marysville Daily Appeal. May 28,1862.Deo.31.1864 



3 TOl. 



•^ 



/ 



Sources of infonnation given by Ingersoll in his 
History of San Bernardino County. ' '^ ^ ^ 



iriles of newspapers consulted: 

The Los* Alleles Star» Los Angeles Library; 

The San Bernaniino Guardian and Argus, furnished by John Brown, Jr. J 



The San Bernardino 



from 1879-1888; 



Piles of the Redlands Citrograph; 
"The Landclof Sunshine ■ and Out West; 

Overland Monthly; 

Journal of Electricity, Power and Gas; 
The Colton Chronicle, R©dland's Daily Facts; etc. 
The following authorities have also been consulted. 
History of California, H. H. Bancroft. 
History of California, Theodore H. Hittell. 
— "Publications of the Historical Society of Southern California. 
On the Trail of a Spanish Pioneer, Elliot poues. 

Diary of Padre Juan Crespi, Translation published in Los 
Angeles Times. 

— Spanish Oolonization in the Southwest, P. W. Blackmar. 
Franciscan in California, Z. Engelhardt. 
Life in California, Alfred Robinson. 
Pioneer Days, W. H. Davis. 
' Reminiscences of a Ranger, Horace C. Bell. 
Calif rrnia in 1839, A. Forbes. 
Old Calif ronia Days, James Steele. 

Special reports of Mission Indians in Califronia, B. D. Wilson, 
H. H. Jackson, Annual Reports of Agents fgji Mission Indians. 



Authorities consulted , 2. 



Present condition of mission Indians in California, Helen Hunt 
Jackson. 

History of San Bernardino Valley, Father Juan Caballeria. 

Ethno-Botany of the Coahuillas, C. P. Barrows. 

Centeniial History of Los Angeles, J. J. Warner. 

San Bernardino county — Its climate and resources, W. D. Frazer, 
1876. 

History of San Bernardino county, 1883, Warren Wilson. 

History of Southern California, Lewis Publishing Co. 

History of Los Angeles County, J. M. Guinn. 

History of Utah, H. H. Bancroft. 

conquest of New Mexico and California, Col. P. St. (xeorge Cooke. 

History of Mormon Battalion, D. Tyler (This book, which is ex- 
Ceedir^iy rare was furnished through the Courtesy of Dr. 
J. A. Munk, of Los Angeies. ) 

The story of the Death Valley Party, W. Manley. 
Death Valley, John R. Speare. 
Reports of the State Board of Horticulture. 
Repofcts of the State Board of Agriculture. 



5Ke)il ^^^^ 



f 



C. Hart Marriam 

Papors 

BANC I.4SS 

80/18 c 




GREAT SERPENT MOUND 
An air view of this archaeological site now available to tourists. 



American Wonder 
Gains Tourist Fame 

AMERICANS are discovering one of 
i the wonders of ancient America — 
the Great Serpent Mound in southern 
Ohio. 

The mound is not new to archaeolo- 
gists, nor to a good many other people, 
especially mid-westerners. But visiting it 
has been made "convenient and pleas- 
ant" by aid of an $80,000 WPA and Ohio 
State project, and discovery on a large 
scale has begun. Some 100,000 roving 
Americans this summer have taken in 
the earthen curiosity, which one archae- 
ologist informally calls "a good old an- 
tique." From now on, the Great Serpent 
is expected to become a standard sight. 

The first white man who discovered 
the mound did not find it particularly 
convenient or pleasant. Who he was, no- 
body seems to know any longer. But 
word got around his neighborhood that 
over in the woods by the river was a 
queer winding bank of earth, probably 
something wild Indians built for de- 
fense. 

Then came the archaeological team of 
Squier and Davis, studying Indian re- 
mains. One good look told them what 
the earthwork represented. It was a 
snake symbol, cleverly modeled in raised 
earth to wind along the high cliff by 
the river. Dimensions of the creature call 
for Hollywoodian adjectives. It is four 



OAKLAI#tt« eALir. 



l^cr 




Primitive reT!c8, 1^0 yean old, 
•natched from the gaping maw of 
a modern steam shovel bucHot, to- 
day form the basis for W. Egbert 
Schenck's romantic story of early 
Indian life at Emeryville. 

Standing beslile the great power 
shovel as it scooped into the old 
EtneryvlUo shellmound, which w^* 
leveled In order to make room for 
factories, Schenck gathered hun- 
dreds of specimens which were later 
carefully analyzed at the University ,, 
of California. 

Schenck, a member of the de- 
partment of anthropology at thf 
university, has written the cloainf 
chapters in the history of the, I ndi at .^ 
tribe which lived on the ^horea oi 
San Francisco bay before the advenl . 
of the white settlers. 

OTHER PAPERS 
Other papers were prepared 3S ' 
years ago by John C Merrlam, noW 
director of the Carnegie institute 
of Washington, D. C, and Dr. Max 
Uhle. - ; 

Schenck's story datea back to the 
tenth century A. D., at a time when 
Denmark was making its last at- 
tempt to conquer Great Britain. 

Deer, elk, birds and many small 
game animals roamed the district 
then, he states, and the now ex» 
tinct sea otters swarmed the waters 
of the bay. Occasional whales wera 
to be seen within the harbor. 
REPICTURE LIFE 
Tear after year, Indians camped 
at this favorite site, where game 
was abundant, according to 
Schenck. The shellmounds which 
have now been completely de- 
stroyed by the march of Industry^ 
43ontained the story of their life. . 

Shells and fossil forms told of 
the food they ate, cooking utensils 
revealed how that food had" been 
prepared 
Occasionally deaths occurred and 
I the body was burled in the shell 
heap. Each warrior was accom- 
panied on his journey to the **Happy 
Hunting Grounds" by his worldly 
possessions. 



MOUND 
BUILDERS 



A Reconstruction of the Life of a 
Prehistoric American Race through 
Exploration and Interpretation of 
their Earthen Mounds, their Buri- 
als, and their Cultural Remains, 



ay 

Henry Clyde 
Shetrone 




Great 
Serpent 
Mound 



The Mound^builders 

A RECONSTRUCTION OF THE I.IFE OF A PREHISTORIC 
AMERICAN RACE, THROUGH EXPLORATION AND INTER- 
PRETATION OF THEIR EARTH MOUNDS, THEIR BURIALS, 

AND THEIR CULTURAL REMAINS 

by 
Henry Clyde Shetrone 

Director and Arclyeologisfy 
The Ohio State Archieological and Historical Society 



Who were the Mound -builders? Where did they come from, and when? Why did they 
build mounds? What became of them? For the most part their story has remained a mystery. 
Curiosity, speculation, and surmise have woven about the subject an epic of intriguing interest; 
imagination has run riot in attempting to solve this puzzle of the centuries. Only in recent 
decades, however, have scientists succeeded in unraveling, one by one, the threads of the Mound- 
builders' romantic story. And their findings have been tucked away in scientific reports of 
explorations, a bit here and a bit there, where the average man would have neither time nor 
patience to seek them out and piece them together into an intelligible fabric. But now the 
story is told by Henry Clyde Shetrone in language that all may understand. 

The pick and shovel of the archaeologist have bared the secrets of the mounds and the mute 
evidences of the vanished people who constructed them; and these evidences of a people who 
lived, loved, fought, and died on American soil before America was known to the so-called 
civilized world have been translated into terms of written history. The reader here becomes 
a member of the exploration party and takes part in the altogether fascinating and exciting 
work of delving into the buried remains of a lost civilization. Nor is the vivid human 
side of the story neglected. The author considers well the living drarria of these lost people, 
describing graphically their religious and social customs, their chiefs and councils, their priests 
and portents, their medicine and magic, their art, all these and more. ''The Mound-Builders'' 
is a great adventure for the armchair explorer. It does for the greatest of American prehistoric 
races what MacCurdy's ''Human Origins" did for the prehistory of Europe. 



The reader of The Mound-Builders is taken % 
on a tour of the thousands of mounds and earth- 
works of the "General Mound Area." He en- 
visions, by means of word and picture, the 
interesting "effigy mounds" of Wisconsin and 
adjacent states, constructed in the images of 
birds, animals, reptiles, and the human form; 
the great conical burial mounds of the Ohio 
Valley, some of them upwards of seventy feet 
in height and containing thousands of cubic 
yards of earth; the imposing "flat- topped" 
mounds of the lower Mississippi Valley which, 
in the late flood, were in many localities the only 
refuge of human beings and domestic and wild 
animals, from the ravages of the Father of 
Waters; the surprising "geometric enclosures" of 
the Ohio region, in which huge earthen walls, 
enclosing hundreds of acres, are constructed in 
the form of circles, squares, octagons, and other 
geometric figures. The Great Serpent Mound 
and the colossus of the Mound-builders — Fort 
Ancient, the largest prehistoric earthen fortifi- 
cation in the world — are included in the itinerary 
of this unique tour. 

Further, the reader becomes a member of the % 



exploration party and participates in the ex- 
amination of the mounds. He sees the cultural 
secrets revealed, as the blanket of earth is re- 
moved, and the dead with their belongings are 
uncovered. There are cremated burials, remind- 
ing us that cremation, after all, is nothing new. 
Even the basins in which the bodies were incin- 
erated are exposed. Again, burials arc enclosed 
in huge urns or pottery vessels of burnt clay. 

There are burials, which, from their very 
nature, bespeak royal estate, deposited with bar- 
baric splendor; burials smothered in ornaments 
and implements of copper, silver, shell, pottery, 
and pearls; group burials obviously comprising 
the remains of father, mother, and children; 
fantastic burials, in which the skulls are equipped 
with imitation noses made of copper; pathetic 
burials, evidencing the self-same human traits 
that predominate today, as that of a mother and 
child, the latter accompanied by miniature 
ornaments and utensils '*just like mother's", 
except that they are smaller. 

The reader is surprised and delighted with the 
illustrations and descriptions of artistic pottery 




Pipes That Are 
Works of Art 

These are four of upwards of two 
hundred similar tobacco pipes consti- 
tuting a ceremonial or sacrificial offer- 
ing in the Tremper Mound, Scioto 
County, Ohio. They represent the 
hawk, or eagle; the dog, the only 
domestic animal of the Mound-builders; 
the raccoon; and the quail, or Bob- 
White. Scale 2/3. 



beautiful in form and decoration; the amazing 
personal ornaments, forerunners of our jewelry 
of today; with the incredible art as evidenced 
in realistic and conventional designs, executed in 
copper, shell, bone, and stone; and with the 
elaborate tobacco pipes, carved to resemble birds, 
animals and humans, and serving to remind us 
that tobacco, like maize and other American 
products, is a gift to the world from the "First 
Americans." 



* 



i 




TABLE OF CONTENTS 

Chapter 

I. Early Theories as to Origin and Indentity 
II. Distribution and Classification of the Mounds 

III. Architecture and Engineering 

IV. Argiculture, Commerce, and Industry 
V. The Mound-builder Burial Complex 

VI. The Mound-builder as Artist 

VII. Tobacco, Pipes and Smoking Customs 

VIII. The Ohio Area; I, The Adena and Fort Ancient 
Cultures 
IX. The Ohio Area: II, The Hopewell Culture 

X. The Ohio Area: III, Fortifications and Effigy Mounds 

XI. The Ohio Area: IV, Marginal Subareas 

XII. A Town of the Ohio Mound Area 

XIII. The Great Lakes Area 

XIV. The Upper Mississippi Area: I, Wisconsin, Minnesota, 

and the Dakotas 

XV. The Upper Mississippi Area: II, Northern Illinois, 
Iowa, and Marginal Districts 

XVI. The Lower Mississippi Area: I, Southern Illinois, 
Western Kentucky and Tennessee, Southern 
Missouri, and Arkansas 

XVII. The Lower Mississippi Area: II, Louisiana, Mississippi, 
and Alabama 

XVIII. The Tennessee-Cumberland Area 

XIX. The Peninsular Area 

XX. Summary and Conclusions 

Bibliography 

Index 



The Mound-builder 

This life-size figure, executed for the Ohio State 
Museum, is the first known attempt to portray scien- 
tifically the builders of the ancient mounds as they 
appeared in life. It is reproduced in colors in 
Shetrone's "The Mound-builders." The sculptor, 
Erwin F. Frey, effected the restoration by using an 
actual skeleton from a Hopewell-culture mound of 
Ohio and employing the scheme of anatomical measure- 
ments evolved by Dr. J. H. McGregor of Columbia 
University. The facial features, as the nose and lips, 
not being determinable by such methods were posed 
by a full-blood Indian of the Pawnee nation. Orna- 
ments, implements, and wearing apparel for the most 
part are replicas of actual specimens found with mound 
burials. The figure, intended to represent **The 
Prehistoric Sculptor," is shown in the act of faathioning 
with a flint implement a human-effigy tobacco pipe, 
of stone, itself a replica of an actual mound specimen. 



$7.')0. Carriage Pre paid y $7.75 



D. APPLETON AND COMPANY 



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35 WEST 32nd STREET 






NEW YORK CITY 



ORDER FORM 

D. APPLETON AND COMPANY 

3 5 West 32nd Street 
New York City 

Please send me, carriage prepaid, one copy of Shetrone's THE MOUND-BUILDERS, for which I enclose $7.75. 



Name. 



Address. 
City 



State 



■•««••• «*««*tf 



T-2047. Vrinti'd in thf United Statu 



S^o^V>ooc SVocW 



PxuVcs • ^cord'vAc -VoPoweW^Ng 73 



C. Hart Meniam 

Papers 

BANC MSS 

80/1 8 c 



L-9'^^ 




m-i 







\ 



Un-^ff^-t"^ tV u. ~\0u>>*/.^ ^ci.^^^?^ 




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flfV^ 



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Ooo^*_^;,^3^«P ' 











^ 



r 



'!i" 



/ 



PI - UTES 



(Acoordinc to Powell, 1873) 



In Utah 



Kwi-um-pufiu . . Vicinity of Beaver. 



Pa-ru-guns 



• • 



. Yioinity of Parowan. 



^ 






Un-ka-pa-Nu-kulnts^ • • Vicinity of Cedar 






♦ ■> ". 



Pa-spi-kai-vats. . . Vicinity of Toquerville 



Un-ka-ka-ni-guts. . . Long Valley. 



Pa-gu-its. . • Pa-gu Lake. 



./ 



Kai-vav-wit3. . Vioinity of Kanat 



U-aa-Nu-ints. . . Vicinity of Saint George. 



Pi-utes 



5' 



northern Arizona 



U-in-ka-rets. • • U-in-ka-ret Mountains. 



Shi-vwits. . . Shi-vwits Plateau. 



Kwai-an-ti-kwok-ets. • Sast of Colorado River. 



Pi-utes S 



In Southern ITevada 



3aa-won-ti-ats# • • Moapa Valley. 



Mo-^a-pa-ri-ats# • • Moapa Valley. 



Hau-wan-a-tats* • • Moapa Valley • 



. t 



Pin-ti-ats. • • Moapa Valley 



Pa-room-pai-ats. • • Moapa Valley. 



I-ohu-ar-rum-pats. • • Moapa Valley. 



U-tain-pai-ats# • • Moapa Valley. 



Pa-ran-i-guts. • • Paranlgat Valley. 



— • ^rr^.i — 



Pi-utes 4 



Southern ITevacla( Continued) 



Tsou-W-ra-ita. . Meadow Valley 



llu-a'-gun-tits. . • Las Vegas. 



Y 



m 



• 

Pa-ga-its. . . Vicinity of Colville. 



Kwi-en-co-mats. . . Indian Spring. 



Mo-VTi7i-ats. . • Cottonwood Island. 



Ilo-gwats. . . Vicinity of Potosi 



Pa -room- pats. • . ParDom Spring. 






Tlvatika. . . So. Nevada tand (Hoffmann) 



T 



Pi-utes 5 



In Southeast California 



Mo-auats. . . Kingston Mountain. 



Ho-kwaits. . • Vicinity of Ivanspaw. 



Tim 



-pa-shau-wa-got-sita. . . Providenoe Mountain. 



Kan-yai-ohits. . . Ash Meadows. 



Ya-gats. . Armagosa 



■ • 



i 



PIUTE TRIBES OF UTAH MD IIORTHEP.N ARIZOIIA (POWELL) 



Nor th ern Arizona -. 
U-in-ka-rets 



. / 



Shi-vwits 



Uinkaret Mts. 
Shivwits Plateau 



Kwai-an-ti-kwok-ets East of Colorado River 



Utah; 



Kwi-um-pus 
Pa-ru-guns 
Un-ka'-pa Nu-kuints 



Vicinity of Beaver 
■ Parawan 



Pa-spi-kai-vats • 
Un-ka-ka-ni-guts Long Valley 



Cedar 
Toquerville 



Pa-gu-its 

Kai-vav-v/its 

U-ai-Hu-ints 



Pa-gu Lake 
Vicinity of Kahab 



Saint George 



J.W.Powell in Report Commr. Indian Affairs for 1873,50, 1874. 



On page 48 some of the tribal names are spelt differently: 
These are: Un-ka-pa, Nu-kwintB,Kai-vwav-nai Nu-ints. 



Sk^\-^ 



C. Hart Merriam 

Papers 

BANC MSB 

80/1 8 c 



loAKUAND. CAL.F.-TB.BUN. 

JANUARY 13, 1936 



ARE HOBBY 




;:i.'::xS:-:.::;::::y::::jit^;: 
:^S:j;:;::|:X:::!::j::::::;:::::::! 



R B Bernard is shown with 30 skulls of Indian chieftains, 
part of a collection of curios he has procur^ in 25 years of search 
up and down the Pacific Coast. Ten shrunken Indian heads are also 
included. — Tribune photo. ■ 

m 

Oakland Man Has Strange 
Hobby^ollecting Skulls 



R B. Bernard, -211 Hanover^treet, 
las a hobby. It is a most unusual 
lobby-that of collecting skulls. 
,^ot your skull or my skull, but the 
[kulls and shrunken heads of In- 

lians^ 
And one look at his collection 

Explains the historical phrase, Lo. 
[he Poor Indian!'* 

I A boyish desire to play Indian, 
nspired by a woven basekt m the 
lome of his grandmother at Vir- 
rinia City, Nevada, has resulted in 
)ne of the most valuable collections 
jf curios in America at the Berard 

Iresidence. ^^ 

STARTED BY BASKET 

Bernard, a wholesale fuel dealer, 
)ecame interested in th^ North 
Lmerican Inciian by the baskej 
iwhich his grandmother, the wife of 
Nevada's first governor, had pur- 
chased from the Indians in her na- 
tive Virginia City. He became bo 
interested, in fact, that jie begged 
her to give it to him. She finally 
consented and th^n began a chain 
of events which has made Bernard 
known as one df the most authentic 
collectors of North American In- 
dian curios in the land. 

But, one might ask, what is the 
curio interest in a skull and 
shrunken head? There is high curio 
value, Bernard answers 

In his varied collection are 30 
skulls, dug from g^ave-mounds m 
various sections of the Pacific Coast 
States. These are of utmost Interest 
to Bernard's dentist friends and 
some of them show just what niade 
the "wild man wild." Many den- 
tists from the Eastbay have ex- 
lamined the dental features of the 
aborigines. 

KNEW NO RELIEF 

Bernard smiles as he exhibits 
skulls with abcessed teeth that 
knew no relief from modern dental 

methods. , ■ .^^ 

Their pain must have been ter- 
rific," Bernard says as hfe shows as 
many as four teeth abcesses which 
[had eaten their way into the jaw- 
bone as much as a quarter of an 
[inch deep before death. 



4 He became inteteSted m the grue- ^ 

%ome liobby while digging into the 

mounds for other curios which wer^ 

always bufied with tribal chief- 

tains 

But perhaps the most interesting 
section 6f his collection are ten 
shrunken heads of Indians from 
tribes in Ecuador, South America. 
These once adorned the chests of 
their enemies, suspended from the 
neck by twine, plaited from the 
victim's hair. 



SMUGGLED OtT 

"The heads were smuggled out of 
Ecuador in violation of a law ther^ 
which requires an embargo on those 
which leave the country for scien- 
tific purposes," Bernard said. Tne 
jembargo was clapped on when Gov- 
ernment officials discovered the 
Indians learned of the world 
markets for the heads." 

These Indians kill their ene- 
mies, cut off their heads close t6 
the e^rs, crack the skull up tht 
back to the top and lift off the 
face and scalp. The nostrils are 
then stuffed, the scalp and mouth 
sewn * shut and then they are 
dropped into a boiling vat of vege- 
table oil," Bernard explained. "The 
'cook' skims off the fatty substance 
which comes to the surface until 
the heads are shrunk to about four 
inches in circumference. 

"The hair is not affected by the 
process and they ate taken out, 
dried and worn as trophies, serving 
the same purpose as our medals." 

A whole family — grandmother, 
her daughter and son-in-law, and 
their daughter and son— are among 
Bernard's collection. He also prizes 
the hjead of a high-caste Indian 
princciss which he keeps under lock 
and key. Bernard, although he 
says he is yet a "bit squeamish'* 
about^ the heads, handles them as 
though they were so many apples. - 
$26,000 INSURANCE 

He has collected for the past , 
years and his collection is insure 
for $25,000. His wife is also inter , 
ested in curios and aids him on hl« 
trips up and down the coast in his 
constant search for more trinkets. 

,Rai5e feather baskets, an elk- 
kide tehield. trade beads, wampum, 
Jrrow-heads, clothing, head-dress, 
feacc^pipes, etc. Are seen on his 

^clv^s. 

One of his shrunken heads is now 
on dUplay at the Stockton Museum 
and many of the Bernard curios 
have been shown at the Smithsonian 
Institute Museum in Washington, 
D. C.) and the Field Mureum at 
Chicago. 






. , ,- TRIBUNE 

JANUARY 13, 1935 



SKULLS ARE HOBBY 




R^"*Be^iIiiIITrX^ with 30 skulls of Indian chieftains, 
part of a collection of curios he has procured in 25 years of search 
up and down the Pacific Coast. Ten shrunken Indian heads are also 
included. — Tribune photo. 

Oakland Man Has Strange 
Hobby '-Collecting Skulls 



tkuUs and shrunken heads of ^r^- Haws.^ ^^^^^^^ ^^^ ^^^^ interesting 
he Poor Indian! _ ^ ,._ _ Jf/^^^^ ^ o^nrr^nH thr chests of 



ihe i wwi i.*"^'- — 

A boyish desire to play Indian, 
Inspired by a woven basekt in tbe 
lome of his grandmother at Vir- 
nnia City, Nevada, has resulted in 
K)nc of the most valuable collections 
of curios in America at the Berard 

Iresidence. ^^ 

STARTED BY BASKET 



These once adorned the chests of 
their enemies, suspended from the 
neck by twine, plaited from the 
victim's hair. 

i SMUGGLED OUT 

"The heads were smuggled out of 
Ecuador in violation of a law there 
which requires an embargo on those 



Bernard, a wholesale fuel dealer, l^hich leave the country for scien- 
ecame interested in the North j^jfic purposes," Bernard said. The 

"- ^"''^''^* embargo was clapped on when Gov- 



.American Indian by the basket 
[which his grandmother, the wife of 
Nevada's first governor, had pur- 
chased from the Indians in her na- 
tive Virginia City. He became bo 
interested, in fact, that he begged 
her to give it to him. She finally 
consented and th^n bc^an a chain 
of events which has made Beriiard 
known as one of the most authentic 
collectors of North American In- 
Idian curios in the land. 

But, one might ask, what is the 
Icurio interest in a skull and 
shrunken head? There is high curio 
lvalue, Bernard answers. 

In his varied collection are Si) 
skulls, dug from grave-mounds in 
various sections of the Pacific Coast 
States. These are of utmost interest 
to Bernard's dentist friends and 
some of them show lust what niade 
the "wild man wild." Many den- 
tists from the Eastbay have ex- 



amined the dental features of the 
aborigines. 

KNEW NO RELIEF 

Bernard smiles as he exhibits 
skulls with abcessed teeth that 
knew no relief from modern dental 

methods. , 

Their pain must have been ter- 
rific," Bernard says as he shows as 
many as four teeth abcesses which 
had eaten their way into the jaw- 
bone as much as a quarter of an 
inch deep before death. 



ernment officials discovered the 
Indians learned of the world 
markets for the heads." 

These Indians kill their ene- 
mies, cut off their heads close to 
the ears, crack the skull up the 
back to the top and lift off the 
face and scalp. The nostrils are 
then stuffed, the scalp and mouth 
sewn shut and then they are 
dropped into a boiling vat of vege- 
table oil," Bernard explained. "The 
'cook' skims off the fatty substance 
which comes to the surface until 
the heads are shrunk to about four 
inches in circumference. 

"The hair is not affected by the 
process and they are taken out, 
dried and worn as trophies, serving 
the same purpose as our medals." 

A whole family — grandmother, 
her daughter and son-in-law, and 
their daughter and son— are among 



Bernard's collection. He also prizes 
the head of a high-caste Indian 
princess which he keeps under lock 
and key. Bernard, although he 
says he is yet a "bit squeamish" 
about' the heads, handles them as 
though they were so many apples. 
$25,000 INSURANCE 

He has collected for the past 
years and his collection is insure 
for $25,000. His wife is also inter 
ested in curios and aids him on his 
trips up and down the coast in his 
constant search for more trinkets. 

Rare feather baskets, an elk- 
hide shield, trade beads, wampum, 
arrow-heads, clothing, head-dress, 
peace-pipes, etc. are seen on his 
shelves. 

One of his shrunken heads is now 
on display at the Stockton Museum 
and many of the Bernard curios 
have been shown at the Smithsonian 
Institute Museum in Washington, 
D. C, and the Field Mureum at 
Chicago. 



Science News Letter for October 17, 1936 



243 



ANTHROPOLOGY 



Find Biggest Hedd in America; 
Belonged to Brainy AlasUan 

Distinction Formerly Belonging to Daniel Webster 
Now Goes to Unknown Aleut With 2,005 CC. Skull 



SCIENCE has discovered America's 
brainiest man. 

He lived and died hundreds of years 
ago, and his immense skull has now 
come to light through archaeological 
digging in Alaska. Dr. Ales Hrdlicka of 
the Smithsonian Institution reports the 
discovery as a notable one from his ex- 
pedition to the Aleutian Islands of 
Alaska, this summer. 

America's greatest big-head, thus re- 
vealed as a man of the Aleutian Islands, 
had a skull shaped to hold a brain of 
fully 2,005 cubic centimeters. The aver- 
age human has no more than 1,450 cubic 
centimeters of brain if he is a man. 
A woman averages less, about 1,250 to 
1,300. 

Dr. Hrdlicka compares this big- 
brained American to other notable brains 
on record. Daniel Webster is credited 



AMERICAN HEAD SIZES 

The largest normal American skull, 
found in the Aleutian Islands, is shown 
at the right. It has a brain capacity 
of 2,005 cubic centimeters. The small- 
est known skull of any normal Amer- 
ican, left, belonged to a prehistoric 
Peruvian Indian, and had only 910 
cubic centimeters capacity. Compared 
with these extremes is the average 
sized skull in the center, with about 
1,400 cubic centimeters capacity. 



with the largest normal head of all 
Americans within historic times. But his 
massive brain was smaller than the 
Aleut's, being about 2,000 cubic centi- 
meters. Bismarck's brain is estimated to 
have been about 1,965; Beethoven's, 
1,750. The Russian poet Turgeniev, with 
a huge brain of 2,030 cubic centimeters, 
still holds the entire world record in 
this respect, though the American dis- 
covery comes close. 

Normal 

The new-found American skull, only 
a trifle smaller than Turgeniev' s, is pro- 
nounced entirely normal by Dr. 
Hrdlicka. Examination convinces the 
anthropologist that the man who carried 
the massive head on his shoulders was 
no sufferer from any such head-deform- 
ing malady as water on the brain, or the 
thickened bones of gigantism. He was 
not a person of great size or strength, 
judging by the moderate size of the 
bones for muscle attachments. He was, 
it is believed, a brainy man in intelli- 
gence as well as in sheer quantity of 
brain matter. 

There is a rough but definite correla- 
tion between brain size and intelligence 
in normal human beings. Dr. Hrdlicka 
explains. Brain size, he points out, is the 
most essential physical difference be- 
tween man and beast. 



In the National Museum's rare scien- 
tific collection of 16,000 skulls, the 
largest such collection in the world, the 
smallest normal adult skull of a human 
being is capable of holding no more 
than 910 cubic centimeters of brain. 
This is close to the edge of the gulf 
separating man from ape, so far as brain 
size is concerned. 

Science News Letter, October 17, 1936 



MEDICINE 



Migraine Relief Repl^ted 

From Alkaloid Drug 

\ f 

k^ANY persons with migraine, or 
ItI ^^ick headache," may nnd quick 
relief il^ a drug known as ergotamine 
tartrate, reports Dr. Mary E. O'SuUivan 
of Bellev^e Hospital, Ne^ York City. 

Dr. O'S^llivan has by this treatment 
saved 89 migraine patients from "39,000 
hours of suffering in the last two years," 
she tells physicians (Journal, American 
Medical Assoc/A(ion, Oct. 10). 

The alkaloid, jergotamine tartrate, is 
not a cure for rnigraine, the woman 
physician emphasizes, but it has brought 
relief to all but eight out of 97 patients 
who have been treated. It completely 
checked 1,042 headaches in the 89 pa- 
tients discussed. n^ 

The drug is injected under the skin 
by the physician, or it may be taken, 
somewhat less dependably, x in tablet 
form. It should not be taken except 
under a doctor's orders. 

"Any disease that will incapacitate an 
adult, interfering with his work for a 
day or more from one to four times a 
month, is a definite economic liability," 
says Dr. O'Sullivan. She and others are 
at work on the cause of migraine under 
a, grant from^-thc Josiah Macy Founda- 



tion. 



Science News Letter, October 17, 1936 




TaHoo'ioa 




C. Hart M3rr{am 

BANCMSS 
80/18 c 




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Th« Marierlner tattoo their ohins in 



erne way as the f aliltla ^ in throe hroad 

oel bands oallod fojg^-to. 

The Material need in tattooing is soot 



(oarhon), stained hy homing pitohj vood 
under a rook and scraping off the deposit 
ihich is pricked into the skin. 

The outer chin stripe sometimes is 
extended aboTe the corner of the mouth, 
and all three stripes readi^onto the red 
surface of the lip* 



7 




/ 



w.,.f iF^ii -if-^^WF^^ i 



r 

TA'^pOING 




The soot used for tattooing is called 

It is nade by burning pitch 
under a stone, on which the sect is deposited. 
In tattooing, the skin is cut tillit bleeds, 
then the soot is rubbed in» 

Tatooing in aigzag Markings is called 

in tattooing, HsiksJssd* 
Sometimes these zigzag markings are tat- 
tooed on the chest, and in some cases a sugar 
pine tree ( Soo-moo or ShooUo o) is tattooed 
on the chest ~ the trunk along the median line , 
the branches outspreading. 




TTKTTwr'rm' 



SiSi^ 



t! 






TATTOOING AMONG THE TAKKMA 

9— ——■.■.- 

Edward aapir, in Notes on the Takelma 
Indians of Southwestern Oregon , says: 
"Perhaps the most striking ornamental device 
used by the Takelma was tattooing with needle 
and charcoal. Boys did not tattoo, but for 
girls it was considered proper to have three 
downward stripes tattooed on the chin— one in 
the middle and one on each side — as well as to 
tattoo the arms; in fact, girls who were not 
tattooed were apt to be derided as '*boys." 
The tattooing of the men was rarely facial, 
but was generally confined to a series of 
marks on the left arm, reaching from the elbow 
to the shoulder." 



Am. Anthropologist, Yol. 9, No. 2, p. E64, 

^ 1907. 









TATTOOING 



Tattooing and body painting were 
practiced "by both sexes among the Algon- 
quian Indians of Virginia and northeastern 
North Carolina .V7 

A yellow body color, he states, was 
derived from the yellow puccoon or golden 
seal ^ Hyd^as^-is canadensis )* He mentions 
also the use of a mineral resembling anti- 
mony which caused the men painted with it 
to look like "Blackmoores dusted all over 

with silver." (p. 67. ) 

a^ee ^illoughby, Am. Anthropologist, 
Vol. 9, pp. 65-67, 1907. 



> 



TATTOOING AMONG THiH JfLAlNa CHEK 



Allison akinner, in Notes on the 

i'lains Cree\ describes and figures -UJL'i-^*'^ 

tattooing*fracticed~Ty\ this tribe^T'^'^^*-^^^^'^ 

Am. Anthropologist, Vol. 16, pp. 76-77, 

1^14. 

(Copy in our files) 



->',•■•*'■,■ •'^: 



^,rr#XI 






I. 



lA T T I n G 



KICWA & MAKiajI: 



J, Mooney : 17th tnn.Rept.Bur.Eth.for 1895-96; 

p. 159, 1898. 






TATTOOING 



ESKIIIOS, Of Cumberland Sound & Davis Strait: 



Ziloas: 6th Ann.Rept.Bur.Eth. for 1884-86, p. 561, 



illus. 



1886. 



TATT I N G 



■rt^"-^A 



ESKIMO of POIHT BARHOW, ALASKA 



John I>:urdoch ; 9th Ami.Rept.Bur.Eth.for 1387-88; 

138—140. lllus. 1392. 



,. ■ I ., ,-■ ■"-■ . ■ ■. '■ .-.I. -V.-I* '.J'A. 



. TATTOO I N G 

% 

» 

SIOUAK (Belief in the importance of Tattooine).— 
J.O.Dorge;^! nth AnnvRept.Bur.Eth.fbr 1889-90; 

p. 486, 1094. 



H 






T A T T DOING 

GiKalleix. [Tattooing among Korth Amer. Indiana as a form 

of Pictography}- 4th Ann.Rept.Bur.Eth.for 1882-83. 

CS, )«3, 
pp.63-»9, illua. 1886. 

Includes brief mention of Klamaths, Kodoca; & 
^arol,Hupa.Pafawat. Kastel Pomo, 1 DPintuns of 

Si?!^''v^i*?^^^°''®''^'• ^^»° ^«^»» Hidataa, 
Uftrr^BSciSt)!"""^'"^' CMppe^yana. . Kutchi 



Same, revised and extended: 10th Ann.Rept.for 
1888-89: pp.391— 419, pls.xxiv-xrv, illua. 1893 

Includea.brief mention of Greenland Innuit 
(after Holm) ; Fain ' mft, K a t l lalr, TmBlc o qulm (afto i 

Bonop a ft) j Eaquimaucwoman (after Gilder);. 
■ Florida Indiana, 1564 (after Hakluyt); Virginia 

Indiana (after Smith;& Hariot); Hurons (after 

Sagard); Neuter Kation & Iroquois (after Jesuit 

Relations) } Texas Indians (after Joutel); 

Iroquois (after Bacqueville de laPotherie); 

Osages (after Bossu) ; Chlkasas (after Adair); 

Slave & Dog Rib Indiana (after Mackenzie); 

Omahas (after Long); Dakotas (after Dorsey); 

Ojibwas; Wichita; Kaiowa; Sixtown Choctaws; 

Eakimp of Point Barrow (after ilurdoch) ; Haidi 

(after Hof flnan) j and extra-llmital peoples. 



'TATTOOING 



HAIDA IHDIAHS, of Q^Bon Charlotte Islands. B.C. 
iiAiiJA iiix^iax ^ ^^^^^^ ^^ ^^^^^ Archipelago, Alaste. 

J. G. Swan: 4th Ann.Hept.Bur.Eth.for 1882-83; 

ip.66— 73. ili^B. 188fi' 

Same .niuch condensed: 10th Ann.Rept.for 

1888-89. pp. 402-405. illus. 1893. 



V ■■> 



■■'^'f> 



TATTOOIKG 



ESKIMO of POIHT BARR07/, ALASKA. 



John iurdoch ; 9th Ann.Rept.Bur.Eth.for lf?87-88: 



138—140, lllua. 



1392. 




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^. U^i^MWilM iDdiaQs ot 

these districts'* tattooea tnemselres with an ink 
made of ground charcoal and yery likely the 
juices of certain plants^ iQiiK^ll as probftbl^r with 

the ink of fish,vRMch>flt#*"<>»ftv «P««^^ ^^ 
squid or jelly fiahJ^v^Tlie tat(Siing M this manner 
prevails among the "Mohave and the San Joaquin 

tribes (both of the pluins and the Sierra Neva 
and as it is always understood, among all the tribes 
of the Sacramento ; A indeed, there sterns little 
j doubt that it invarioibly prevailed among all the 
clans and nations of both the Galiforniaa. An- 
other of their invariable arts and utensils was the 
use of arrow tips of heads made of flint, quartz, 
jtfsper, obsidian or volcanic glass, and such like 
substances. For utensils of domestic use, the 
bowls, mats, bottles, pans, baskets, etc., excel- 
lently made of grass, palm-leaves, bullrushes, bark 
of trees, and such like materials. These among 
the different tribes were of all shapes and sizes. 
The rush canoe seems to hftve been also of nearly 
universal use, and also that of buryiL^ or of burn- 
ing their dead. The infinitude of dialects or lan- 
guages was confounding and extraordinary, and 
noted by all the Sjpanish explorers and missionary 
fathers, from 1535 to 1833, and by the Americans 
and other strangers down to 1860. This fact has 
been noted as also universally the case through- 
out Mexico and Central America, the old Oregon 
territory and New Mexico, from the times of the 
Conquistadores to the present. The use of grass 
seeds, acorns, etc., for food, after being roasted, 
pounded and made into a porridge, mush or atole^ 
also seems to have been universal. The practice 
of cutting the hair square over the forehead, from 
ear to ear, and the use of the hot air, Estufa, or 
Temescal, baths, are also universal in tribes, both 
the Californias, old Oregon, Utah and New Mex- 
ico, Sonora and in most parts of Mexico, and is| 
found by Americ&n physicians to be a most invalu- 
able remedy, though administered in a dififerent 
shape. The cutting of the front hair does not ex- 
tend to but few ocean tribes of the old Oregon. 




[-. 




■~x ^ f 



.«? 



contai; 



448 AMERICAN ANTHROPOLOGIST [n. s., 9, 1907 

Tl^nas ^ilson in his paper on ^f^The Swastika," publishedjn^ Re- 
porT^fnL ^ Museum for 1B94 (p. 881), and by^JJjait^Stolpe in 

' ' Nordaliertk^ Ornamentik " ^. 25). The^9»*5^iginal illustration 
of rattleshake gor^K4na later pul lication,.-^5t5i^r as I have been able to 
ascertain! is that appe^frh^§..asfi JJ^^^ Warren K. (vloorehead's 
Bulletin lUl of Phillips Acadei;^y^ t»4over, Mass., 1906. 

The stecimens here^h^n (p ate xxX^r«4<were both fiund in 1880 
in a mould at the>lfiction of Fre nch Broad anS'^T^Ttae.rfgeon rivers, 
18 miles! fmjH^^oxville, easternl Tennessee. Mr Spanfs^Ttr^i^ok 
o other information cohcerning them. Both a^e well pj-e- 
higlilj p e liohc d. 

The Virginia Indians. — In an 

article entitled *' The Virginia In- 
dians in the Seventeenth century'' 
{^American Anthropologist ^ Jan.- 
Mar., 11,07, p. 57) Mr C. C. Wil- 
loughby reproduces drawings of sev- 
eral of the original water-color 
sketches made by White in 1585 and 
which are now in the British Museum. 
One is that bearing the inscription, 
'' One of the Wyves of Wyngyno," 
which was engraved and used by De 
Bry as the sixth plate in Harlot's 
Virginia, \i\\tx^ it is styled '^A younge 
gentill woeman daughter of Secota. 

Referring to this drawing, Mr 
Willoughby writes: ** Tattooing is 
shown upon the arms and legs only. 
This is not correct. The illustration accompanying this note is repro- 
duced from a photograph of the original sketch and tattooing is clearly 
shown on the face. There are two lines of dots across each cheek, three 
vertical lines on the chin, and a triangular design in the center of the 
forehead. A band of some sort crosses the forehead ; it probably ehcir- 

cled the head. 

A photograph of the entire sketch was reproduced by the writer in 
\\it Journal of the Anthropological l7istitute,yQ\. xxxvi, pi. xvii, London, 

1906. 

D. I. BusHNELL, Jr. 




Fig. 32— ** One of the Wyves of Wyn 
gyno," showing tattooing. 








Polyporus officinalis, a fungus which yields a reddish coloring 
matter which at one time was^ much used by Indians to paint 
their faces. Now vermilion is so cheap that it has to a great ex- 
tent superseded this. 









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TATTOOINQ 



1 

••>» 



Brief description of the tattooing on the lower £•! River , 
by Gibbs, in Schoolcraft, Indian Tribes, III, 127, 1853." 



Tattooing among the Klamath Indians . '"G-ibbs, Ibid 142, 175 



Brief reference to tattooing among Indians of Oregon and 
Oalifomia. by Emmons, Ibid 220. 



\ 



TATTOOnia 



"SOUTHSRN GALIFORHIAIIS* (apiibii of S5tri parallsl, 
excluding SHOSHONE family) . 



ibeairdiiig 



irtfancy on ihs face, broast, aM axms. The most usual 
method was to prick tiie fleah with a thorn' of the cactoa?- 
plant-; charcoal^ produced from the meaoal, wae then rufelaed 
int-o the wounda, aad an' ineffaceable blue was the result;. 



--Bancroft, Mat. Races of Pac, Sikates:, I, 404, 1874. 

NORTHEI^ CALIF0R14IJLNS: Klamath fainily (see pp.S26-?) 

--Ibid, 332-532. 

CENTRAL GALIi^'ORtnANS (see pp. 362-363 for tribes) 

--Ibid, 369-3m. 



• 1 



; 



"il 



ligM LUl.^lifgMXa iBiai'&i^ 



JATTOOINa 



CALIFORNIA 



In writing of the California Inliana Adam Johnston eays: 



. I 



"The custom of tattooing is also common among them • 
have never observed any particular figures or designs upon 
their persons; but the tattooing is generally on the chin, 
thougih sometimes on the wrist and ana. Tattooing has mostly 



and 



rank 



•-Adam Johnston, in Schoolcraft, Indian Tribes, IV, 223, 
1854. 



TATTOOING 



(\>^t-^jo\) 



lE-YOT, OF LOWER 
EEL RIVER, CALIF. 



Gibbs, in his journal Sept. 9, 1851, in writing of Ihe 
Indians on lower Eel River , says: "Both sexes tattoo: the men 
on their arms and breasts; the women from inside the under 
lip down to and beneath the chin. The extent of this dis- 
figurement indicated to a certain extent, the age and con- 
dition of the person, whether married or single." 

—Gibbs, in Schoolcraft, Indian Tribes, HI, 127, 1853. 




TATTOOING 



fiiA 



Oaiman Girls, 182-185, 1659 (see frontispiace also). 






TATTOOINa 



INDIANS AT SAN FRANCISCO 



Langsdorff 



1806 



"Tattooii^ is also used, but principally among the 
women. Some have only a double or triple line from each 
comer of the mouth down to the chin; others have besidfts a 
croBB stripe extending from one of these stripes to the other; 



and 



and 



Langsdorff: Toyages and Travels in Various Parts 



the World in 18D3-1807, 



II, 167, London 1814. 



\ 



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(^. Woo'^oo-^-V-o ^ 9UWf, V<ti(lei|, PufftA Creek. 



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— . ^.,.-— ., > 




I 

-Hf— -^["TaLttooing and Body Painting 



Dr. Iferriam appears to have had 



interest in recording 



boa, pal-tlng aad tattooing, perhap. .acau. tb... «« vl.ible ^ 
a.r.ctB Of culture which »i«ht he plotted on diatrihutxon »apB.V 



/\l 



/ 



V 



Por additional I^bliahed ^„f "-^t'UJanr'oAtlll?^. 
Anthropology in Honor ol Axirea ii» j^ . 



trihal headings (Ed). 

^.....t ^ho.hone . -oat of the .o«n tattoo their faces and 
3o.e of the ^oui; ones paint their cheelc. red. One had a croa. 
on each ohee.. Several had interrupted dota in »;«"-;'" 
.„ the Chin, one freahl, painted a.ua, had brilliant red cheek, 
"th a .i«.ag across each cheek, and a double .i«.a« f«»^°« ~* 
fr . tach angle of the .cuth-the upper line red. t'-f »'«;-; ' 
L. Chin had a vertical ro, of large black dots on each s.de or 

Tbich was a vertical red band, all of which is xndxcated in the 
which was ^^^^ ^^^^ ^^^^^ 1^„„ 

diagram (fig. )• Several oi 

under the chin. (Recorded at Keeler m^, October 16. 1902) 

..oo..-ni.-ne . Old wo.en used to tattoo chin and bod,, .t tbe 
^oeni-ne camp on Kings Eiver saw an old ,o.an who •"*»*»«; 
sll over her chest and breasts and alao on her cheek, and chxn 
(Lcorded^at .outh of Mill Creek. Kings Eiver. Catcher 25. X905.) 

nn/a Mew-wah . Someti-e tattoo girls on the o""*' ;"-* 

trbreaate and on the arms, as well as on the chin. (Information 
from the Yosemite Mew-wah, October, 1910.) 



- 2 - 



Yo-kotch > Double lines running slightly down from corners of 
mouth; two lines vertically below mouth to chin. Wrist tattooed 
with three parallel zigzag lines running parallel to line of arm 
and bounded by encircling lines. Zigzag^ about 5.5 inches long. 
(Observed at Savage Monument on Fresno River on an old woman, 
October 15, 1905, who says she is the last survivor of her tribe.) 

Ho-to.«as~sef subtribe of Nis-se-nan) . Both sexes used to ffint 
the face with red, black and/rwhite when dancing. Face tattooing 
is called bo<.no-pe| body tattoing is called ya^lis. Only the 
women tattoo the body. An old woman had three lines below mouth 
(see illustration). (Recorded at Kah-de-mah village on north bank 
of American River about 9 miles above its mouth.) 

B olyah > The Bo-yah of the California Coast^from Navarro Ridge 
to Gualala River call tattooing ah-che. The men tattoo across 
the chest on one or both sides. The women tattoo the chin with 
from one to three vertical stripes, and usually also with a line 
from each comer of the mouth running obliquely downward and 
outward. Women of the tribe did not originally tattoo their 

faces, according tol the informant, but when the whitemen came 
into the country the mothers tattooed the faces of their daughters 
to make them repugnant to the whitemen who were in the habit of 
confiscating the girls. (Information from Btephen Parish living 
near Point Arena.) 

yathhiah-we-chum-mi . The daughter of chief Sebastian at Sebastapol 
has her face tattooed as shown in fig. • 

Me.tum^wah . Tattoo marks are called buh-she; Both men and women 
tattooed their bodies across the breast. The women tattooed their 
faces in an unusual manner: a narrow bar ran horizontally across 
the face between the upper lip and nose, in addition to which 



- 3 - 



n 



i 



were three lines on the chin — a hroad vertical median band with 
a narrow sloping line on each side. The material used for tattooing 
was burnt soaproot, called ahm-mah-8it^(from ahm, soaproot and 
mah-sit) charcoal)* 

^•kiah Porno , The women tattooed their faces with three straight 
lines, one descending vertically from the middle of the lower lip 
to the chin, the two others running out diagonally from each angle 
of the mouth* These marks were called oo-e-che. There was no 
tattooing on the body or arms* The material used for tattooing 
was o^ice from green oak galls* After this juice was put in the 
scarified lines to produce the desired color, poison oak was 

rubbed in to make the cuts sore so that the markings would be 
more distinct* 

Choo*>hel-mem-sel * The soot used for tattooing is called te-che- 
sjoo-dook* It is made by burning pitch under a stone, on which 
the soot is deposited. In tattooing, the skin is cut till it 
bleeds; then the soot is rubbed in. Tattooing in zigzag markings 

is called duk-ko-duk-ko'S chin tattooing is called wah-ken* 
Sometimes these zugzag markings are tattooed on the chest, and 

in some cases a sugar pine tree (soo-moo or shoo-moo) is 
tattoed on the chest, the trunk of the tree along the median line . 

of the body and the branches outspreading* 



-4 



Foma* 



The Mah-kah-mo chxim-mi of Cloverdale Valley on Russian 



River call tattooing cho-te* They say that the men formerly 

tattooed their bodies across the chest and on the arms, and that 

the women had one or several vertical lines on the chin and one or two^ 

extending outward from the corners of the mouth. The material 
used in tattooing, instead of the usual soot from burnt stems 
of poison oak or other plants, was obtained by burning the pitch 

or resin, called kow-he, from pine or fir trees* It was pricked 
into the skin by means of a fine bone needle called tsah-tsa-ma 
made from the foreleg of a squirrel. 



- 4 - 



Chuk-chancy # On September 22, 1902, on the way from Fresno Plat 
to Coarse Gold Gulch a visit was made at two camps of Chuk-chancj 

Indians. In one was a blind old man and three very old women. 
Two of the women were elaborately tattooed, and on payment of two 
bits each pulled off their shirts and showed me their body decorations. 
The simpler of the two consists of two broad rings low down on the 

neck or upper breast, from which broad straight lines run down 
between and over the breasts as shown in the illustration. All of 
the markings are broad, about one-half inch wide. After I had 

examined this one, thepther antiquated relic of Chukchancy 
humanity pulled up her shirt and held out her hand for her money, 
which I promptly gave her. Her thoracic and abdominal decorations 
were most remarkable and complicated and far more elaborate than 
those of the other woman. There were numerous cross bands and 
rings and short vertical lines and circles and all sorts of things, 
but she would not let me make a diagram or take a photograh, so 
I could not record the wonderful things. They had a number of 
vertical and oblique tattoo lines under the chin and one had 
curious markings on her arms. 

At the camp called Picayune, about five miles down the road, 
was an old woman whose face was tattooed with two vertical lines 
on the forehead over the nose, two vertical lines on the chin and 
one horizontal line on each cheek passing back from the mouth. 



i\ 






Shaste . During the last week in September 1919 t I visited the 
old Shaste Chief, Bogus Tom, at him home on Deer Creek on the 
south side of Klamath canyon. His aged wife was present and was 
conspicuous at some distance because of a brilliant red ring on 

each cheek • This ring, which had been recently painted, was at 
least two inches in diameter and nearly half an inch^ 
It enclosed the cheek-bone (its upper edge reaching almost to the 
eye, while its lower border touched the ascending arm of the 
outer tattoo band just above the corner of the mouth). 

I 




- 5 - 



This woman, like most of the old Shaste women, had her ohin 
tattooed in three broad vertical hands — one median, and one lateral 
on each B±i. Each band is at least double the breadth of the 
interspace between the median and outer bands* All three are 
curved in over the under lip, and the outer pair are so broad 

that they extend out beyond the plane of the corners of the 
mouth, and send up above the corn^ of the mouth on each side a 
vertical projection about half an inch in length by a quarter of 
an inch in breadth* 

On questioning the #old chief as to the meaning of this 
brilliant scarlet ring, I was informed that it was for the purpose 

of attracting the attention of the Indians* god* He stated that 
when Indians were troubled or in distress and did not know what 
to do, the women painted a red ring on each cheek while the men 
painted the forehead white and the top of the head either white 

or red* The Indian god on seeing these conspicuous markings 
would come to the Indian and give him instructions as to what wass 
best to be done* 



In tattooing, fine cuts are made with the sharp edge of 



/ 



an arrow or flint blade* The act of cutting is called Mah-si* 
The substance used to produce the blue-black color is made in an 
interesting manner: a small fire is made of grass and pine pitch, 
over which a stone is placed* Soot is deposited on the underside 
of the stone* This soot is scraped off and rubbed into the cuts* 
The tattoo-marks are called Keep-tik« 



Konomehoo« Cyote said that women should not look like men, and 
must therefore paint their chins* Konomehoo tattoos made by 
pricking the skin with a flint and rubbing in sweathouse soot 
mixed with bear grease* 



- 6 . 



la shoo . Both sexes tattoo their faces, hut the woaen more 

than the men* The men usually have three vertical marks on the 
chin. The women tattoo the chin, cheeks and nose. There are 
three vertical straight lines on the chin, three lengthwise on 
the nose (a serious difigurement) and a Y- or T-shaped mark on 
the middle of each cheek. Some happily omit the nose lines which 
are particularly horrid, being two or two and a half inches long. 



Hoo-pah. A number of Hoopah women have their chins tattooed 
bluish black. This is a mark of pure blood as none of mixed 
origin are permitted to wear it. (Recorded at Hoopa, September 5» 
1898). 

Kaxok. In painting the face or body, the paints used were red 
(ah-saf-foon), black (thun-toot), and white (am-toop). 

The women commonly tatto%d the chin with three broad vertical 

A f 

bands similar to those of the Shaste. Such tatooing may be seen 



today on practically all women a^ove middle age. It is called 
oo-soo-kin-hit. Some of the men have cross bars tattooed on their 
arms to indicate their wealth in rash-pook, each bar representing 
act only a string of the precious Dentalium but also its exact 
length. Bars on the inner side of the forearm show the humber 
and lengths of\ strings of five (5) measured from the hand; those 
on the inner side of the upper arm, stringsbf ten (10). At 
Orleans Bar I saw an old man with a number of these cross bars 
on both lower and upper arm. They were on the left arm. This 
arm tattooing is called trah-ah^-hoo thoo-kin-hit (from ah'-trah^, 
aiUf and thoo*- kin-hit, tattooing.) 

In olden times some men had a small cross tattooed on the 

cheek* 



io 



Karok 



All the women have three broad tattoo bars on the chin, reaching 
up over the lower lip and turning under the chin. In some cases the 
outer bar reaches up past the corner of the mouth halfway to the nose. 
The Redwood Creek women also on occasion show this kind of tattoo mark. 

Karok men tattoo their arms to show their wealth. They make a 
transverse bar on the forearm for each string of 5 rash-pook (the 5 
Dentalium shells), and a bar on the upper arm for each string of 10 
rash-pook. At Orleans I saw an old man called Sandy Bar Bob who has 
two series of cross bars on his left arm— one series on the forearm, 
the other on the upper arm— indicating the number and lengths of the 
strings of precious rash-pook he possessed. 



i 



Ner-er-ner 



The Ner-e/-ner tattoo their chins in the same way as the Polikla, 
in three broad vertical bands called Poi*"^ ko. The material used in 
tattooing is soot (carbon), obtained by burning pitchy wood under a 
rock and scraping off the deposit, which is pricked into the skin. 

The outer chin stripe sometimes is extended above the corner of 
the mouth, and all three stripes reach up on to the red surface of the 

lip. 




Karok 

All the women have three broad tattoo bars on the chin^ reaching 
up over the lower lip and turning under the chln« In some cases the 
outer bar reaches up past the comer of the mouth halfway to the nose. 
The Redwood Creek women also on occasion show this kind of tattoo mark, 

Karok men tattoo their arms to show their wealthy They make a 
transverse bar on the forearm for each string of 5 rIsh«pook (the 5 
Dentallum shells)^ and a bar on the upper arm for each string of 10 
rash^pook. At Orleans I saw an old man called Sandy Bar Bob who has 
two series of cross bars on his left arm->«»one series on the forearm^ 
the other on the upper arm— Indicating the nuiiA>er and lengths of the 
strings of precious rish<»pook he possessed* 



Wer^er'^ner 



The Mer*er»ner tattoo their chins In the same way as the Pollkla^ 

ch 
In three broad vertical bands called Pol ko« The material used In 

tattooing Is soot (carbon)^ obtained by burning pitchy wood under a 
rock and scraping off the deposit, which Is pricked Into the skin* 

The outer chin stripe sometimes Is extended above the comer of 
the mouth, and all three stripes reach up on to the red surface of the 
lip* 




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-2- 



Yo-kotch 




Double lines running slightly down from corners of mouth; two 
lines vertically below mouth to chin. Wrist tattooed with three 
parallel zigzag lines running parallel to line of arm and bounded 



(Obse 



rved 



by encircling lines. Zigzags about 3.5 Inches long. /iRiBiKdlB* at 
Savage Monument on Fresno River, on an old woman, October 15, 1905, 
who says she Is the last survivor of her tribeJ ' 
No-%to-mu8-ie, subtrlbe of Nls-sc-nan. 

Both sexes used to paint the fact with red, black and white 
when dancing. Face tattooing is called bo-no-pe; body tattolng is 
called ya^lls. Only the women tattoo the body. An old woman had 
three lines bftlow mouth (see Illustration). ^Recorded at Kah-de-mah 
village on north bank of American River about 9 miles above Its mouthy 



Bo- yah 




The Bo-yah of the California Ooast from Navarro Ridge to CJualala 
River call tattooing ah-che. The men tattoo across the chest on one or 
both sides. The women tattoo the chin with from one to three vertical 
stripes, and usually also with a line from each corner of the mouth 
running obliquely downward and outward. Step Women of the tribe did 
not originally tattoo their faces, according to the Infomant, but when 
the whltenen came Into the country the mothers tattooed the faces of 
their daughters to make them repugnant to the whltemen who were in the 
habit of confiscating the girls, /information from StspskxKx Stephen 



Parish living near Point Arena 



i) 



\ 



-3- 




Kach-ah-we-chum-ml 

-¥*< m . 

The daughter of Chief Sebastian at Sebastapol has her face 
tattooed as shown In fig. 

Me- tum-wah 

Tattoo marks are died buh-she". Both men and women tattooed their 

bodies across the breast. The women tattooed their faces In an 

unusual manner: a narrow bar ran horizontally j^ross the face between 

the upper lip and nose. In addition to which tSJlwere three lines on the 

chin— a broad vertical median band with a narrow sloping line on each 

side. The material used for tattooing was burnt soaproot, called 

ahm-mah-slt (from ahm, soaproot and mah-slt, charcoal). 





Hop- pah 

A number of Hoopah women have their chins tattooed bluish black. 
This Is a mark of pure blood as none of mixed origin are permitted to 
wear It. Recorded at Hoopa, Septemb r 5, 1898. 



Yoklah Pomo 




The women tattooed their faces with three straight lines, one 
descending vertiaally from the m ddle of the lower lip to the chin, 
the two others running out diagonally from each angle of the mouth. 
These marks were called oo-e-che'T There was no tattooing on the feody 



or arms. 



The material used for tattooing was Juice from green oak 



galls. After this Juices was put in the scarified lines to produce the 
desired cilor, poison oak was rubbed in to make the cuts sore so that 
the markings would be more distinct. 




-4- 



Choo-hel-raem-sel 



The Boot used for tattooing *8 called te-che-ahoo-dook. It Is 
made by burftlng pitch under a stone, on which the soot Is deposited. 
In tattooing the skin Is cut till It bleeds; then the soot Is rubbed In. 
Tattooing In zigzag markings Is called duk-ko-duk-ko; chin tattooing Is 
called wah-ken. Sometimes these zigzag markings are tattooed on the 
chest, and In some cases a sugar pin* tree (sod^moo or shoo-moo) is 
tattooed on the chest, the trunk of the tree along the median line of 
the body and the branhhes outspreading. 



Poma 




The Mah-kah-mo chum-ml of Cloverdale Valley on Russian River 
call tattooing cho-te. They say that the men formerly tattooed their 
bodies across the chest and on the arms, and that the women had one 
or several vertical lines on the chin and one or two extending outward 
from the corners of the mouth. The material used In tattooing, Instead 
of the usual Boot from burnt stems of poison oak or other plants, was 
obtained by burning the pitch or resin, called kow-he, from pine or fir 
tress. It was pricked Into the skin by means of a fine bone needle 
called tsah-tsa-ma made fromthe fori eg of a squirrel. 

A 

Chuk- chancy 

On September .22, 1902, on the way from Fresno Flat to Coarse Gold 
Gulch a visit was made at two camps of Chuk-chancy Indians. In one 
was a blind old man and three very old women. Two of the women were 
elaborately tattooed, and on payment of two bits each pulled off their 
shirts and showed me their body decorations. Th^ simpler of the two 
consists of two broad rings low down on the neck or upper breast, from 
, which broad straight lines run down bwtween and ov^r the breasts as 
shown In the illustration. All of the Tiarkings are broad, about one- 




-5- 



half inch wide. After I had examined this one, the other antiquated 
relic of Chukchancy humanity pulled up her shirt and held out her hand 
for her money, which I promptly gave h^r. Her thoracic and abdominal 
decorations w^re most remarkable and complicated and far more elaborate 
than those of the yfoth^v woman. There were num rous cross bands and 
rings and short vertical lines and circles and all sorts of thWga, 
but she would not le me make a diagram or take a photograph, so I could 
not record the wonderful things. They had a number of vertical and 
obllqu* tattoo lines under the chin and one had curious markings on 

her arms. 

At the camp called Picayune, about 5 miles down the road, was an 

old woman whose face was tattooed with two vertical lines on the 
forehead over the nose, two vertical lines on the chin and one horizontal 
line on each cheek passing back from the mouth. 




{> 



vt#*fc>t^^*»«^»»*' 



H « (id - 



m\\n 



i-WAff^t' 



During the 



Slmste Ohief » Bogus Tom, at his home on Deer Creek on the soDth 
Bide of Klfimth canyon. His aged wife was present and was con- 
spicuouB at 8one distance "because of a brilliant rod ring on each 



had 



and 



It 



enclosed ^he cheek-hone (its upper edge reaohirjg almost to the eye, 
while its lower horder touched the ascending arm of the outer 
tattoo hand just ahove the corner of the mouth). 
si7 Irhis woman, like most of the old Shaste women, had hor chin 
tattooed in tliree broad vertical hands— one median, and one lateral 
on each side. Kach hand is at least double t?ia breadth of the 
interspace between the median and outer bands. All thi-ee are 
curved in over the under lip, and the outer pair are so broad 
that they extend out beyond the plane of the corners of the mouth, 
and send up above the corner of the mouth on each side a vertical 
projection about half an inch in length by a quarter of an inch in 



breadth. 



On questioning the old ^ef as to the meaning of thi 



s 



scarlet 



of attracting the attention of the Indians' god. He stated that 
when Indians were troubled or in distress and did not know what 
to do, the women painted a red ring on each cheak while the men 




either 



painted the forehetid white and the top of the head 

white or red. The Indian god on seoing those conspicuous markings 




e^ 




. .V, tndian and riv.hia instruction. M to »h*t«»» 
would COM to the Indian una t,i' 



bast to \<« ion« 




., .. 4 c fine cute are made with the r,harp ede* of 

lln tftttooinei ^^^ °"^' '^ . ii«i r,<8h-»i'. 

*H«t blade. The wt of cutting 16 called kJLaL 
an arrow or fUnt hlade. ^,„,.^i^ok color i» «d. in an 

^ TMfi 'aoot is 
The tattoo* 




Soot is depo 




j^'OM tVio otone 



marks 




\ 



\ 






K 



\. 



\ 



'0> 







Xanamthx 



Konoraehoo 




Coyote said that women should not look like men, and must 
therefore paint their chins. Konomehoo tattoos made by pricking 
the skin with a flint and rubbing In sweathouse soot mixed with bear 
grease. 




7 Both sexes tattoo their facea, but the women more than the men. 
The men usually have three vertical marks on the chin. The women 
tattoo the chin,, cheeks and nose. There are three vertical straight 



lines on the chin, three lengthwise on the nose (sx a serious dlflg- 
urement) and a Y or T-shaped mark on the middle of each ckeek. Some 
happily omit the nose lines which are partlcalirly horrid, being two 
or two and a half Inches long. 




ll.l? 



Siil • v^U ll*^"*'>*i« It.ti U* t »«!* • • 



ctroK. 





fy^4^i^ln painting the fact or body. th« paints 



iisod wtrt red (uis, 
idiitt (m~ 




, black 




), and 




|i|MAij[^A*Ttia women commonly tattooed the chin 
with three broad vertical bands similar to those of the 
Shaste. Such tattooing may be seen today on practically 



all women above middle age. It is called 



Some of the men have cross bars tattooed on their arms to 




indicate their wealth in 



iWt 




, each bar representing 



not only a tti^ of the precious Pfntaliim but also its 

« 

exact length. Bars on the inner side of the forearm show 
the number and lengths of strings of five (5) measured 
from the hand; those on the inner side of the upperferm, 
strings of ten (10). At Orleans Bar I saw an old man with 
a number of these cross bars on both lower and upper arm. 
They were on the left arm. This arm tattooing is called 



!^, arm, and 




y^^ ^-aht-l^ no thoo'.kin-hlt (fron 

thoo-kin-hit . tattooing. 

In olden times some men had a small cross tattooed 



on the cheek. 



V 



£JUiU^ \h^ VvzWk <^-^i^ W^.U^A^^ 









-^'^^^X^ >L^v, 







t"i 



V^ 



^^-^^^^ 







cIAos-^^^-^OjIj^ (W^^,,;jLi, 



fav 




N o-\o -WoV-H-^ TYV'vfjLoo ? ^1. 



^oai?-. 



J 



— ' 9^ 







Ckok- 



ck 



AH 




^ 



T-i^ ^lo:lo^-Vvv^^.ti^( lLa:t:Ut|. Mjis^^u^ 



fiC\ K«.W'^JL<i~vJtv 



'Vv.^Ct::^ ^-A/^ 




■p-i^^^A. 




iZ\^MK^ /kcxaqjUi? ^^i-_^-*-'^ ^W r^^*-*--~^- 



jljL^A. 




gmjJL 



9— 



5^ JL-« — (j^-tM- 



•^ 



if*"^^ 







^.O^. }&; Hf'^- c.%^-v.^ 






mfS' 



T(i^^^°^^\ i'-i'^ 



Hoopah Valley 



September 5, 1898 




-''s-, I *?%. 



l^t^V<>l.2,|»«VflH? 



A number of Hoopah woman have their chins tattooed 
bluish black. This is a mark of pure blood as none of mixed 
origin are permitted to wear it. They are well-built, good- 
looking and intelligent. 



TocV\7 6%\ V 








Ai'^^^Jk^ OJ-^^.^^xjy^ 







C1A.A~<-^ 





T^aX c^ ^Y*o-tJlX^ V<A-oU..,JK ^uSf- » [<\io _ 





i-4-'CaLV3L 





-Q.- 



r». V 



- 'vo^ T^^^xLk I K^^ (fUrw.^;::^ va^:cbcs VJJt WL) 



sill 




(D/Ot- 5 5, 11 02.'- 






^ 



;,, .^^.n-is■• 



PQMA TATQOING 



The Mah-kah-mo Ghum-mi of Cloverdale Valley on Russian 
Eiver^ call tatooing ' cho'-te '. They tell me that the men formerly 
tattooed their todies across the chest and on the aim s^ and that 
the women bad one or several vertical lines on the chin and one 
or two extending "outward from the corners of the mouth. 

The material used in tattooing, instead of the usual soot 



from "burnt stems of poison oak or other plants, »- obtained by 



burning 



trees. 



pitch or resin (called •kow--he ' ) from pine or fir 



It»«is pricked into the skin by means of a fine bone needle/ 



^Billed 'tsah-tsa^ma' jfrom the foreleg of a squirrel 




Tattooing. — The women tattooed their faces with 3 strtdpht 
line?, one descending vertically from the middle of the lower 
lip to the chin; the 2 others running out diagonally from 
each angle of the mouth. Thrse marks were called oo^-e-che^ 
There was no tattooing on the body or arms. The material 
used for tattooing was juice from green oak galls, /ifter this 
juice was put in the scarified lines to produce the desired 
color, poison oak was rubbed in to make the cuts sore so that 
the markings would be more distinct. fShk / V ^ 



CHOO-HEL-M M-SEL TATOOING 



The soot used for tattooing is called 
TJ^^che flhQQ-dQok> It is nede by burrdng pitch 
under a stone^on which the soot is deposited* 
In tattooing, the skin is cut til it bleeds, 

t 

then the soot is rubbed in* 

Tatooing in zigzag markings is called 
Duk»Vo-diik-kQ't chin tattooing, Mlrkfifli 

Sometimes these zigzag markings are tat- 
tooed on the chest, end in some casps a sugar 
pine tree ( Soohboo or Sfaoo-moo ) is tattooed 
on the chest — the trunk along the jnedian line, 
the branches outspreading* 



Ke-tum-mah 



TATTOOING 



Tattoo marks are called Buh-she . 



Both men and women tattooed their 



"bodies across the "breast. The women 



tattooed their faces in an unusual 



manner: a narrow bar ran horizontally 
across the face between the upper lip 



and nose, in addition to which were 3 



lines on the chin — a broad vertical 



medium band with a narrow sloping line 



on each side. 

* 

The material used for tattooirg was 

burnt soaproot, called Ahm-mah-sit 

(from 411111, soaproot; and Mah-si t^ charcoal ) . 



\^0>^::ck^ aJk" Vie - ct-W Vw- wv 






0.^ 



Vt^-aJj^aaa--* 



(^fW^ 






kAr>^ '^«4f^i^». 



.>Q^^*><^ •^'^^ 



6*^^ A(^K 



2. 4^ A» '- i.»sJtJI^^iX 



Ju>-4^ 



^V>- 'Ci'^-C.A.'V^ 



Xx^ Cl^VOU^A^ 



*1 





/\/voV^'"**-'^^/'"*- 






BO-XAH TATTOOING. 



The Bo-yah of the Celifornfeooest from Nayarro 
Bidge to Gualala Biver call ta toeing fihkflhJl • The 
men tattoo aoross the chest on 6ne or both sides. 
The m)men tattoo the chin fi"fro« one to three Tertioal 
stripes^and usually also with a line fros eaoh corner y 
of the mouth running obliquely domward and outward. 

Stephen Parish, a nember of the tribe lining 
near Point Arena, tells me that he has been told 
that the women of his tribe did not originally tattoo 
their faces but that when the whitemen came into 
the country the mothers tattooed the faces of their 
girls in order to mf ke them repugnant to the white- 
men, who were in the habit of confiscating the girls. 







\ 



\ 






• iu 



','• V 



^^ 



■\VNU<N(CSfiriDi<cl 





r 



C. Hart Mjiriam 

Papi. ^j; 

BANC MSB 

80/18 c 



N-)(^-* 



THE IiSaEND OP THE tHONBBRBIRD 

By Sdward Brat^in, (Jh 
The Rad Maii. 23B. Feb. 



y^ 



>* 



•PHUHDERBIHI): 



PICTOGBAPBS (Dalrota, Haida, & Twaaa) . 



CajaUia:>P*-Bi»r.Eth. for 1882-83: 188-190, 



flga. 104-109, 



1886. 



, 



THUIIDERBIRD 



SIOUAK MYTHS & BELIEFS 



J..O,Dbyaeys 11th Ann. Rept. Bur. Eth. for 1889-9(), 1894. 



I / 



Dalcota beliefs as to thiinder-bcings pp. 441-2 

Omaha & Ponca invocation of the Thuntler-beine' 

pp. 581-2. 

Kansa worship of Thander-being ••• p. 385. 

7/innebago' 
Iowa & Oto beliefs as to Thunder-beings.*, p. 424. 

Mandan Thunder lore ......; p . 508 

Hidatsa « •• ' •. p. 517 



' ^; H U K D E R B T H TJ PICTOGR^H. 

HAIDI TATTOO FOR EAGLE TOTEM (Queen Charlttte Islands.B.O 

j.G.Swan ; 4th Ann.Rept.Bur.Eth.for 1882-83: pp.69.72, 

fig. 26, 1886, 
C6_ Same: 10th Ann.Rept.for 1888-89: pp.402, 404, 



fig. 525, 1393. 



5 



? 



T H U H D .E_g_RT ^ D 



OJIBV^. Of Wnneaota (liius. on sacred chart); 



\ 



y.J.Hofflnan i 7th Ann. Kept. Bur .Eth. for 1685^, 

pp.196, 203, 209, ?lQt<r,^19. 
230, 264,284, 1891 



T H U H D g R B I H D 



SI0UA5 IBDIASS: 



W J lfeGe» : 15th Axm.Bept.Bur.Eth.for 1695-94: 

pp.lSO, 188-5« 1897. 



• THUHDBHB I B D 



^.llooqyy.[|jyth and song of the thimd«rblrd among 
▼arioaa trilMs, particularly tha ClMiyanna and i 
ArapahoJ— uth Aim.Bapt.Bar.Xth.for 1892-98; 



Part 2t pp.968-9, 976-8* 



Xo96« 



I 




. THUNDERBIHD LTTH 



ESKIMO, BSRIKG STRAIT 



EjWjNelaon: 18th Ann.Rept .Bur.Eth.for 1896-97j 
part It pp.486-7. 1899 [publ.l90l]. 



. 



-r45-^C 



THUIIDERBIRJ) 

G.Mallery ; 10th Ann.Rept.Bur.Eth.for 1888-39, 1893. 

illus. 

California : P 16 tographa (after Hofftaan) from 

Owens Valley •••• Pl»Tl(d) « facing p. 58 •! 

Alaska ; Klatexamut innuit drawing resembling 

Algonqulan thunderblrd • • • • •••••• p .704 • 

Dakotas : Types of thunderblrd .pp*483-485t 486 • 

Hal da ; Tj^pes of thunderblrd & myths pp.479, 485. 

•• ; Tattoo of thunderblrd... pp. 398-399; figs. 518-519*, 

col.pl.xxlv facing p. 401. 

Moki; ^'Raln bird" & thunderblrd ; .• p.488. 

•• : Lightning & thunderblrd p. 701. 

Twana : Type of thimderblrd # p.485. 

Mlcmao (Hova Scotia); Type of thunderblrd p. 487. 

Venezuela Indians^ Type of thunderblrd. • p. 487 • 

Ojibwas ; Pictographic reminders of chant phrases, 

with Interpretation (after Hoffman,&c); 
Pl.xvli(B), facing p. 232; translation ..p. 235. 

Pl.xvlll(A) and translation p. 237. 

PI. ^ (B), facing p. 237; translation. .p. 239. 

•• ; Types of thunderblrd pp.487, 757-758. 



.* TIIUELERBIRD 



PICTOGRAPHS: 



G« Hallen'^ ; lOth Aim.Bept.Bur.Eth. for 1888489, 



illu8. 1893. 



Hebraska petroglyphs 




pp. 90-92, pl.xlii, 

figs. 52-53. 



Pennsylvania petroglyphs, fie.70T71,p.l07"r-108. 
Canadian porcupine -quill work .'pp* 207-208 • 



^^ 



THDHDBR BIRD 



J. Walter Feidces, in his paper 
entitled 'Contribution to Passamaquoddy 
Folk Lore*, gives a page to the origin 
of the Thunder Bird. 



Journal Am* Folk-Lore, Vol, 3, No. 11, 
pp. 265-266, December 1890. 

(Copy in my Mythology file.) 



T H U WTIFBBIHD 



DAKOTAS : 



"The deities upon which the m08t worship is bestowed, if. indeed, 
any particular one is nameable, are Tunl«m (Inyan) the Stone God and 
Walcinyan. the Thunder Bird. The latter, as being the main god of 
war. receiTes constant worship and sacrifices; whilst the adoration 

of the fom^r is an every-day affair-^-^ilLlfiSd. Beligion of the 

DaKotas. In Collections of the Xinne«ota Historical Society. St.Paul; 

1860. STOls. 8? II,pt.2. pp.79.80.^M^uotedhyG.Mallery: 10th 

Ann .Bept .Bur .Eth. for 1888-89: p.32, 1895.) 



This 



THUHflEB BIED OP TIE MHDAH 

"Tho Eandan belieTe that thunder is produoed by 
the mnge of a gigantic bird. When the bird flies softly, 
as is usually the case, he is not heard; but v;hen he Jlaps 
his wings violently, he occasions a roaring noise, 
bird is said to hare two toes on each foot, one behind 
and one before. It dwells on the mountaias. and builds 
nests there as large as one of the forts. It preys upon 
deer and other large animals, the horns of which are heaped 
up around the nest. The glance of its eyes produces 
lightning. It breaks through the clouds and makes way for 



the rain. 



The isolated and peculiarly loud claps of 



thunder are produced by a large tortoise which dwells in the 



clouds." 



Eept 



'^J^^^^r iaasgl^rfoa^ieli.^"^ ^^^ 



•I 



T'/liDZ^ BIHi) OF TUJ I.:/'CKAI!i5 



r ^'IIJGTC'K CO..ST' 



A. .Tfyior in the Ciilif. t?? nner re ^rints the trrdition of 
the i'hundor bird of V'c Mackahs, ^^s pubiis'iod in the >.ij). Bulloton, 
Oct. 1860. 

The Indi.- nr r-^lated to mo many curiouj^ legends respecting 
^heir belief. The most interesting one is thrt relotinj^ to the 



In common v.ith ell the tribes of the Coest that I htivo met, 
the Mackahs believe that thunder is caused b y an imronse bird, 
'v-zhose outspread v/ings obscure the hervons. This bird is called by 
th Ohinook3,»Halwies3»; by the Ouemults.'Han-hoh-ness*; by the 
I^ackehs ^ »Thlev;-clootS'; '-ncl by tbo rootkans . ♦Too-tate-lum», or 
'Too-tootsh*. The name of Tatooche Island, which in the jargon means 
milk, ic- in reality the ^'ootka name of the ♦ thunder bird* and should 
bo pronounced *Too-too-tche or *Th\mder' Islc.nd. It was ho^ ver, not 
so n^mod originally by the Indians, but as I before remarked, v/as 
with the lend about Gape Flattery, so named by fclears, in honor of 
the Kootka chief, Too-tootch-atlicus. 

Lightning is suppoaed to be ccuaod by a species of fiA 
resembling the soo-horse, or | [i ppoGj?fnpu8 . The head of this animal, 
they say, i^ yc, c-jiapp j-^g q knife and the lightning is produced by the 

tonme, which is darted out like a serpent's. The mime given by the. 

ISeckahs to this animal is ♦Ha-h^ke-to-ak '• It is supposed to be 

stirred up f cm the sea by the whales, when the Thunder Bird' 

catches it and keeps it under his v/ings for future use. 

The Thiuider Bird is im Indian of gig^mtic proportions, who live? 

on the top of the mountdns. !Iis food i? whales, and r/hen hungry 
he puts on )\is rangs and feathers as an Indian \7raps himself in a 



'. 



\ 



blanket uud s ila out in soarch of hif: proy. ..'hen a whale is dis- 
covered, the Hah-hj:ke-to-ak derts out its fiery tonrue, which kills 
the fir,h; tmd as the mighty bird settles dwvn to seize it in its 
talons, the rustling- of the groat wings producen the oiiurider. The 
whslo, v;hen seized is taken up into the mountain and devoured. 

The Hph-hfike-to-ak is not always employed in killing .vhales. 
Some times it darts down to the esrth, and with its sharp head f^plits 
open trees, /t other times » the thunder-birds heve fights in the 
air, and dart their fire at each other, producing what wo commonly 

c 11 a thunder stohn* 

The !!ackahs religiouisly believe this fable to be a fact, and told 
me of an Indian who once went across Vancouver Island frOB Clyoquct 
to llaniamoo, and on top of one of the mountains found the house or 
ncs?t of a thunder bird. It was built of log« like an Indian's house, 
and around it wore strewn gre; t c^uan titles of the bones^ of whales.** 

A.o.Ti.ylor, Crlif. /armer, Aug. 1, 1862, 





The Legend of the Thunderbird. 

By Edward Bracklin, Cbippnva. 

LONG, long time ago, many, many moons before 
the white man came, when the buffalo were as blades 
of grass on the prairie, there came a great dry spell. 
No rain fell and the grass grew brown and the 
^^^ rivers dried up; the buffalo went away and my 
people could get nothing to eat but a few berries and they grew 
hungry and thin. Every day they prayed to the Great Spirit for 
rain and made much medicine, but the rain did not come. The 

Great Spirit was angry. xt l u 

Among the greatest of the medicine men was Nashewa. He 
made much medicine. All day he prayed to the Great Spirit, and 
all night, and finally the Great Spirit came to him in a dream and 
said, "Nashewa, awake, and travel west until you receive a sign." 
And Nashewa heard and was glad. 

The next morning he started and he went a long way to the west 
until he came to what is Gechigome (Great Lakes). He saw there 
a bird that was sitting near the edge of the water. He walked to- 
wards it. When he was looking at it he knew that the bird did not 
belong to this country. Its feathers were all of different colors, its 
bill was green and its legs were colored the same. It would not 
open its eyes. Then he took it and came back home. He entered 
his lodge and all the chiefs were invited. The bird sat at the upper 
end of the lodge and Nashewa told these chiefs, "Now here is a bird 
that you may look at it to know what it is." It was not known- 
nobody could tell what kind of a bird it was, so they called it the 
Awneemekee (The Thunderbird). After a while Nashewa pushed 
it then it opened its eyes and they flashed lightning. The door was 
opened and the bird flew out. As he got outside the sky darkened 
and the thunder roared and it rained. Many days it rained and the 
grass grew green again and the buffalo returned and my people got 
fat once more. This is the story of the Awneemekee (Thunderbird). 
My grandfadier told it to me and his grandfather told it to him. 



\ 



The cypress In ancient times was 
considered a sacred tree and idols 
were made of cypress wood. The Pa- 
cifice coast Indians used it as an em- 
blem of purification. The Dakotan In- 
dlans had a superstition concerning 
the cedar trea They Imagined that 
thunder was a manifestation of the 
storm god \Ka-Kan-Da, thunder birds, 
as his messengers, producing the noise 
designated as thunder. These birds 
lived in cedar trees, and hence the 
cedar tree became an object of worshli^ 
and the cedar pole an emblem of the 
highest value. 






r— ■ 



THE LEGEND OF THE THUNDERBIRD. 



By Edward Bracklin, Chippewa. 

A long, long time ago, many, 
many moons before the white man 
came, when the buffalo were as 
blades of grass on the prairie, there 
came a great dry spell. No rain 
fell and the grass grew brown and 
the rivers dried up; the buffalo went 
away and my people could get no- 
thing to eat but a few berries and 
they grew hungry and thin. Every 
day they prayed to the Great Spirit 
for rain and made much medicine, 
but the rain did not come. The 
Great Spirit was angry. 

Among the greatest of medicine 
men was Nashewa. He made much 
medicine. All day he prayed to the 
Great Spirit, and all night, and final- 
ly the Great Spirit came to him in a 
dream and said, **Nashewa, awake, 
and travel west until you receive a 
sign." And Nashewa heard and 
was glad. 

The next morning he started and he 
went a long way to the west until 
he came to what is Gechigome 
(Great Lakes). He saw there a 
bird that was sitting near the edge 
of the water. He walked towards it. 
When he was looking at it he knew 
that the bird did not belong to this 
country. Its feathers were all dif- 
ferent colors, its bill was green and 
its legs were colored the same. It 
would not open its eyes. Then he 
took it and came back home. He 
entered his lodge and all the chiefs 
were invited. The bird sat at the 
upper end of the lodge and Nashewa 
told these chiefs, **Now here is a 
bird that you may look at to know 
what it is. '' It was not known— no- 
body could tell what kind of a bird 
it was, so they called it the Awnee- 
mekee (The Thunderbird) . After a 
while Nashewa pushed it, then it 
opened its eyes and they flashed 
lightning. The door was open and 
the bird flew out. As he got outside 
the sky darkened and the thunder 
roared and it rained. Many days it 
rained and the grass grew green and 
the buffalo returned and my people 
got fat once more. This is the story 
of the Awneekekee (Thunderbird) . 

My grandfather told it to me and 
his grandfather told it to him. 



Tobacco \ P'P^ 



C. H3^ Merriam 

BANCMSS 
80/18 c 



C HART MERRIAM COLLECTION 



PISPEWAT, INDIAN CHEWING TOBACCO 

The following was originally published in Santa Barbara 
Gazette in September 1860, and was reprinted by Oscar T. Shuck 




3crapb( 



ll 



in his 

"It seems that they had in the vicinity of Santa Barbara 
the original California Mint. The Indians of Tulare County 
generally came over once a year, in bands of twenty or thirty, 
male and female, on foot, armed with'bows and arrows.^ They 
brought over panoche, or thick sugar, made from what is now 
palled honey -dew and from the sweet Carisa cane, and put up 
into small oblong sacks, made of grass and swamp flags; also^ 
nut pipes and wild tobacco, pounded and mixed with lime. This 
preparation of native tobacco was called pispewat, and was 
used by them for chewing. These articles were exchanged for 
a species of money from the Indian Mint of the Santa Barbara 
rancherias, called by them "ponga." This "ponga" money con- 
sisted of pieces of shell, rounded, with a hole in the middle, 
made from the hardest part of the small edible, white muscle 
of our beaches, which was brought in canoes by the barbarians 
from the island of Santa Hosa. The worth of a rial was put 
on a string which passed twice and a half around the hand. — 
i.e., from the end of the middle finger to the wrist. Eight 
of these strings passed for the value of a silver dollar, 
and the Indians always preferred them to silver, even as late 
as 1833. This traffic the Padres encouraged, as it brought 
them into peaceable connection with the tribes of the Tulare 
Valley. 



\ 



d^of 






n 



^5 



T"^ 




TOBACCO OP THE PATWIN INDIANS 



Lieutenant- Commander Ringgold of the 
Wilkes Expedition, in sgeaking of the Patwin 
Indians ^on Sacramento River above the Buttes, 
states: "A species of tobacco is found on 
the sandy beaches, which the Indians prepare 
and smoke .^ 



1845. 



Wilkes, U^S. Bxpl. Expd., Yol. 5, p. 189, 



>«^^«»ji^im». 



TOEAOOO AMONG THJfi NEW iilNGLAND INDIANS 

In an article entitled Houses and 
Gardens of the New Jfingland IndiansV^harles 
C. Willoughby states: "Tobacco (Mcotiana 
rustica ) was raised as far north in New 
England as the central Kennebec Yalley)^ 
It was a smaller and more hardy species than 
that now grown in warmer climates. This 
was commonly the only plant cultivated by 
the men?^ 



Hm. Anthropologist. Vol. 8. m^l^ p. 131, 1906 

^trachey, Historv of 'J VfiVftl into Yiri^nig. 
Coll. Maine Hist. Soc, vol. ill, p. o05. 

^^Williams, op. ciT;^; p. 36. 



ToW 



o-^tCo 



Tobacco — called Savri — was used 
by the Incas "only in the form of snuff 
and with medicinal intent, to clear the 
nasal passagp*.— Philip Anaworth Ueans, 
Ancient Civilization of the Andes, 310. 

1931. 



ss^ 



U' 



T?5?TSS OF IWTLD TQBAGGQ BY INDIANS OF ,lp\m 




A Dominican priest named Louis Sales 



who built the mission of San Vincente Perrar 



in 1780, and i^o also founded the mission of 
San Miguel in 1787. published in 1794 letters 



entitled "Noticias de la Provincia de Califor- 



nia", in the course of which he names among 
other household possessions "a little wild 
tobacco with its claj pipe " (page 48), and on 
a subsequent page he states "these old men 
usually have knowledge of medicinal herbs, and 
they make some marvelous cures with them. But 
the^jnqre usually use tobacco juice , applying 
it to ulcers, wounds and contusions" (page 82) 



USE OP TOBACCO BY THE TAKELMA 

Edward Sapir, in Notes on the Takelma 
Indians of Southwestern Oregon/" says: 

"The only plant cultivated before the 
coming of the whites was tobacco (fill^*) 
which was pl^^ted by the men on land from which 
the brush had been burnt away. Smoking was 
indulged in to a considerable extent and had a 
semi-religious character, the whiff of smoke 
being in a way symbolic of good fortune and 
long life. The pipes were made of either wood 
or stone and were always straight throughout, , 
some reaching a length of nearly a foot. The 
custom prevailed, of course, of passing one 
pipe around to all the members of an assembled 
group.'* 



f-. 



Am. Anthropologist, Yol. 9, No. ii, p. 259. 

1907. 



ABORIGINAL TOBACCO CULTUEE IN CALIPORNIA 



Dr Pliny E. Goddard in his raluable 
work entitled ' Life and Cultare of the Hupa * 
(y^l,page 37, Sept. 1903). states: "The tobacco used 
IBS caltiTated, the only instance of agriculture 
aaong the Hnpa. Logs vere l:),umed and the seed 
sown in the ashes. The plant appears to be 
and probably is identical with the wild 
Hicotiana Bigelorii , but the Hupa say the cul- 
tirated form is betterl The wild form found 
along the rirer they say is poison.* It is 
believed that an enemy's deatii may be caused 
by giving him tobacco from plants growing on 
a grave." 



PlPft! 



■J 



SpsutoaiT, writing of pottery of the iQiserab Indians, 
states: "A pipe, hukapislt . was sometimes made "of clay. It 
was short and tubular, fta4>ferinng' ma^hiy abruptly towani the 
small mouth-end." Sparkman: Ctilture of LuiseSo Indiana.ITifriiw. 



C3alif.Pub8.Am,ArGh. & Ethn. Vol.8, 202, Aug:.?, 190a 



'Tbbaeco pipes, hukapiah. were usually made 



had 



One 



had a BteaL 



at religious festi?al8." Ibid 210. 



s 






K 



PIPES 



if* 



In a general account of what he calls the Indians of 
the lower country, Rev. Samuel Parker states as follows: 

•The Indians of the lower country are those between the 
shores of the Pacific and the Falls of the Colnmbia river, 
and from Pugets Sound to upper California. [The] principal 
nations' are the Chenooks^, the Klicatats, the Callapooahs, 
and the UmbsiquSs. [244] . . . Their pipes are variously 
coRfcfcructed, and of different materials. Some of them are 
wrought, with much labor and ingenuity of an argillaceous 
stone, of very fine texture, of a blue black color, found 
at the north of Queen Charlotte's island. It is the same kind 
of stone except in color, as that found upon the h*:ad waters 
of the Missouri, which is brick red. These stones, when first 
taken out of the quarries, are soft and [248] easily worked 
with a knife, but on being exposed to the air, become hard, 
and are susceptible' of a very good polish. " IL2493 



Parker: Expl.Tour Beyond Rocky Mts. 



, 1858 



1842 



^^ 



PIPES 



Smoking-Pipea of Stone, V C.C.Abbott: [Wheeler] Survey!. XOOth 



VIIArchaeology, 



bular stone pipes of the Indiana of Southern California, with 



Plate a. 












■ ,■. 1 ■- '-■4 . .V* ■ »-»,««. * 






Jt.f^:''^ 






MOHAVES 



TOBACGQ^ 



(Ijn Mohave Valley, above Bill Williams 



Fork of Colorado River) 



Felr. 1-], /?S"t#.- 



The Indians were shrewd, and would part with n© 
article without a really valuable compensation. Tobacco 
they would accept as a gift only, and then sell it t® 
the soldiers. There is a species of wild tobaxsco which 
grows here, and is nsed by the natives. I presume they 
prefer it to the best Havana. "--IShipple, Pacific R.R. 
Repts., ¥ol.IIlt-\pt. i\ p. 117, 1856. 






a 



♦ ..-/ 



TORAOCQ 



Indian tobacco 



Whiteman's 
tobacco 



♦ 



Chuma«h 



Kflb-aah-kom- pe-ah 
of Santa inex 

Vfentura 



Sho' 



Saw-o 



Chu-woot 



Ke-ta.n-a-mwit»i 

Yo-hah-vertum 

Nu- vah-an -di t - -Sah-wahk -wa>|/ S^-sjah'-wahp 

Moapa Se-wah-©ffahp 



-be 



Chemeweve 

Colorado Pdver 



Mohave Pdver 
29Palm3 Mara 

New- 00 -ah 

Mo -he -ah -ne -urn 



Mar- ring-am 



So-o'-d.ah 



Tah-wah-ko 



-^ 




Whiteman's tobacco 



YOKUT 



NO -tu -no -to 

Tkh-che 
T a-dum-ne 
Tow -el -man -ne 



Tin-lin-ne 



Oho i -yo -cho i -ye 
Chuk'*-chan-ay 

Kosh-sho-o 

Cho-e-nim-ne 
CVin-ki-min-na 



So-kon 



Po-netl Po-ne-et 
Sho-kon 
So-kon S6-k'l 



I 



8aw-kah I Savr-kon 



San-nis 
Pah-om 



Pah-um 



Sho'-kin; Sbaw-kir] 
Sho-vin 



v^> 



EARLI USE OP TOBACCO IN TiiE AMERICAS 



''^ 



According to Humboldt the real herbaceous 
tobacco "has been cultivated from time iiwn.emorial 
by all the native people of the Orinoco; an^^ at the 
period of the conquest the habit of snoking was found 
to be alike spread over both North and *3outh iimerica. 
The Tamanacs and the.Msypures of Guiana wrap maize- 
leaves round their cigars ^ as the Mexicans did at 
the time of the arrival of Cortes. The Spaniards 

« 

have substituted paper for the leaves of iraize, in 
imitation of then. The poor Indians of the forests 
of the Orinoco know as well as did the great nobies 
at the court of Montezuma, that the smoke of tobacco 
is an excellent narcotic; and they use it not only 
to procure their afternoon nap, but also to put 
themselves into that state of quiescence, which they 



call dreaming with the eyes open, or day-dreenJng 

It was neither from Virginia, nor from South America, 

but from the Mexican province of Yucatan, that 3urope 

received the first tobacco seeds, about the year 1559. 

The celebrated Haleigh contributed most to introduce 

the custom of smoking among the nations of the north. 

As early, as the end of the 16th century, bitter com- 

plaints were made in England *0f this imitation of the 

manners of a savage people. ^ It was feared that, by the 

tobacco, /Englishmen wo uld„dege Derate 
3trf."— B^^olat's rersonal Narrative 



practice of smokin^ 
into a barbarous s 



YUH)K TOB/.CCO AND FIPSS 






I 



Yurok pipes ere made of the v/ood of the yew, with 
e soapT^tone "bowl. The wood is a straight piece 3 to 
6 inches in length and is larger at the bowl end where 
it is attached to the stone» 

The native tobacco is called Hah-koom and is cul- 
tivated by the people. They first pile brush over 
the ground and bum it, leaving a 16o8e layer of ashes, 
over which the tobacco seeds are sown. 



The plant is protected by a brush fence. 



The 



only animal believed to distrub the tobacco crop is 
the deer. They jump over the brush fence and eat 
every part of the plant, even to the roots. 



To The American Indian by Lucy Thompson, pp 



37Jl\190, 1916 



TOBACCO 



See 



article ty William Christie Mac Leod, 




• American 



On Ka 

Anthropologlet, Vol.28. Ho.2, Pages 409- 

413, April 192€. 



fArtlole in Fatchez file^ 



) 



ORIGIN 0? TiiS NAME TOBACCO 



Humboldt tells us, "The word tobacco f tabacco ) . 
like the words savannah, maize, cacique, magliey 
(agave), and manati, belongs to the ancient language 
of Hayti, or St. Domingo. It did not properly denote 
the herb, but the tube through #iich the smoke was 
inhaled. It seems surprising, that a vegetable pro- 
duction so universally spread should have different 
names among neighbouring people. The pete-ma of 
the Omaguas is, no doubt the pety of the Guaranos; 
but the analogy between the Cabre and Algonkin (or 
Lenni-Lenape) w)rds, which denote tobacco, may be 
merely accidental. The following are the synonymes 
in 13 languages. 

North America. Aztec or Mexican; yetl i Algonkin; 
sema t Huron; oyngoua . 

South America. Peruvian or Quichua; sayri : Chiquito; 

pai 8 ; Guarany; pety t Vilela; ijaanii: Mbaja, (west of 

the Paraguay) nalgdagadi : Moxo (between the Rio Ucayale 

and the Rio Madeira) sabare ; Omagua; petema : Tamanac; 

cavai ; Maypure; j ema : Cabre; scema ." — Humboldt's 
Personal Narrative, Vol.2, p. 506 footnote, 1885. 






i 




T'\n 0??/:H DANCK Vb' ■' . niOCTAT? INniAMS 



iin Indi£,n nj^mod Kine Tooth, Mhi-f of the N^nibas, 

a smell trib^? ccnnectrd with the 'Jho«trTr, wsa induaisd 

by soi.ie Frcrclimen to mak^ the otter dnnce for tjfom, 

•'■Je took his tchecco-pcuch w uich wns an otter skin 

in vvliich he ke,;t his pipe and his tobacco, which he 

ihr^fi into the middle of on Oj.on pltcoe where the people 

were ."«3enlied to judgo of his skill: after ho hiid 

uttorod a rnnbcr «f tp1ly crticuUtcd words and thrown 

hinnclf rppov.lcdky into th~- fire, rrcia which ho cr.m9 

out in ; p«rap«n tion, and withcjit being burnod, this 

skin Wc,3 seen to swc 1 out, fill with flerh.^corne to ' 

life, nm to ran bntveen t'^o lo/rs of the Fronchnon, 

some oC horn in th^ corrippry ha-^'ing c* rresacd it rnd 

felt of it, found th«t it w£-s? Jiko d true otter, 

when o; ch one -.vfin nvi/js'"!* d it roturnod to the gf,rte 

p':f:ce vhrro it hrd come to life and v/ra norm to 

dimini*'u it: sine rnri tc returr to t\-^ term which li. 

hrA uel'oro.'* 

John H, av/ftnton: Moncir? '^m. /.nthroi,. 

no#;^, ij.6*' — ^-April-Juno, 1113 



f'FOC. TCl.5, 



! 

(3 



/ 



PRSHISTORIO USE OP TOBACCO IN ARIZONA PUSBLOS 



During the summer of 1922 Dr. J. Walter Fewkes disoovered 
in a kiva on Mesa Verde a number of prehistoric pipes of clay 
nhich circumstance led him to name this particular kiva Pipe 
Shrine. They were found in an ancient fire place; 

f 
f 

"Among other objects in it were a full dozen decoratjed tobacco 
. pipes made of clay, some blackened by use, others 
showing no signs that they had ever been smoked. Sev- 
eral 01 these are figured in the accompanying illus- 
tration. There were fetishes, a small black and ^ite 
decorated bowl, chipped flint stone knives of fine 
technique, and other objects. For many years it had 
been suspected, that the ancient inhabitants of the 
Mesa Verde cliff dwellings were smokers, but these 
pipes (figs. 93, 94) are the first objective evidence 
we have to prove it, and the fact that these objects 
were found m the shrine of a sacred room would indi- 
cate that they were smoked ceremonially, as is customary 
in modern pueolo rites. Evidently the priests #i en en- 
gaged in a ceremonial anoke sat about this shrine and 
after smoking threw their pipes as offerings into the 
fireplace. Probably as with the Hopi every great 
ceremony opened and closed with the formal smoking rite 
at this shrine, and one can in imagination see the priests 
as they blew whiffs of smoke to the cardinal points to 
bring rain. 

The discovery of pipes for ceremonial smoking in a 
Mesa Verde kiva is a significant one, indicating that 
the ancient priests of the plateau, like the Hopi, smoked 
ceremonially. Moreover the forms of the prehistoric 
pipes (fig. 93) thus used differ materially from those of 
modem pueblos, in size and shape, although a few formerly 
used by the Hopi have much in common with them." 

[Smithsonian Misc. Colls. Vol.74,No.5, 
pp. 95—97, 1923] 






f'i- 



■.V 



s 



Ss 



\ •> 



\ 



L 



a I 
I 



I 



S 



CULTIVATION Or' TOBACCO BY CALIi*X)KNlA LNDIANS 



11 




Before the white man came, several tribes of California 
Indians cultivated one of the native species of Tobacco for their 



own use. In northern California two species ( 



and hi gelovi ) are fairly comnon and \ndely distributed except 
in the colder parts of the mountains. The larger of the two, 
N. bigelovi . was the one cultivated. It was planted and cared 
for in small gardens near the villages. 

1»hen the vessels of Don Bruno Heceta and Don ij'rsncisco 
de la Bodega y Quadra anchored in Trinidad Bay in 1775, they 
visited several rancherias of the native tribe— the Ner-er-ner t 



a 



southern branch of the Pnl iV'la of lower Klamath Eiver. They 



» 

found these Indians using Tobacco "which they smoked in small 
wooden pipes in form of a trumpet, and procured from little 



gardens where they had planted 



it."^ 



\k; 



Journal of a Voyage in 1775 to Explore the Coast of America 
northward of California, by the Second Hlot 9f the Fleet. Don 
Francisco Antonio Mourelle, Translated by Dames Barnngton, 
Published in London. 1781. 



. '^ . . 



CultiTstion of Tobacco by Oalifcrnie Indians, lage 2. 



INhile visiting on Salmon River, a tributary of the 
Klamath, an old Konomeho woman pointed out to me a warm gravel 
bench near the river where her people used to have a tobacco 



garden which they planted every year. - ca*. 






fords for Pipe and Tobaooo obtained by the persons. 



Tri^ 



'^ ^f^fllity 



Gatschet on page 436 of the Beport mentioned! 

Mm. 

nn-te^ 

ehnag-oof 

Boon-oop' 



SlMihoni 
ShMheni 

Pa-UtA 

P»-UU 

\ 

P*-T«it 



l0TI»d|k 



Hjko, l«Tada 



Lm Tagat, 1 
Utah 
Oalif • mi 



P»-Uta of < 

(HlMMhlMTi 

Uta 



t-tO'Bg 

tehuDg-i 
to-ith 



Calif* and Not. tohnng 




Utah 



tteng 



XAiiitt. 

paa-Bo'-o 

oe-jqp 
tiquop 



-ii»-«*-]coo 



ta-krab 

pn^h'MO 



tok-iap' 



/ en 

J'Fublished in Vol.- VII— -Archaeology, Report upon U. S. Geo- 
graphical Surveys West of the One Hundredth Meridian. Vol. VII 
Archaeology. 







PISPKWAT, INDIAH CHBWING TOMCCO 



Barbara 



Gasetto In Soptenber 1860, and was reprinted by Oscar T. Shuck 



in hi0 




(p.299), San Francisco, 1869 



"It secBB that they had in the vicinity of Santa Itorbara 

the orlkSSfcallfornia^Mliit- ^'W^f^lSlndf of 'tSSS^o? Sl?tj. 
penerally oaae orer onoe a year, !». P^2 2L^S52«!^ Sev 

Srfo^S'^ISoSef'Sr-th^^^^ 

eSl^*h;^4S?'Sd'f?ii thS eySt ftarlea- oanj. SjP^^^ 

Mt pipes and wild tobaooo. pounded ??f ■}•»•* '*r iS^ks 
m^AnKr^ion of natlTO tobacco was called pl8pc*a*f.«»«^W^ 
preparawon 01 n»**vo ww«w articles wore exchanged for 

S 1833. mS tSf no W-^PadTM en^uraejd. M It^*?"^ 
^m Into pBaooablo cennaotlon Mth me trlMO oi «» nuxm 

Tallejr* 




V 



1834 16th Street N.V tNMa.sK\-Kl3bo\v,33-Cr\ 



Dt- Uart Yerr :am 



jane 14th Q\^Ol"l 






I have j ast been copying t'^.e nar.es for tobacco 
and pipe yoa so Iclndly let me havey^rd in some res ^ects they are 

<nost interesting- and give me qaite a 'ot of new na les t'^at I d i3 

not have before ^ I am great y obliged to yoa f or them and will of 
coarse give y oi credit for them at any tame I asae them t 
As y -jj. are well aware t'le "^areaa '^as a large collect ican of Mss* 

yxabularies and' is always glad to get more and I will deposit 
t^iem in y ur nar.e or re tarn ther, to you as yoj. x-sy prefer,. 

I ex tec t in ten' days or so,. provided V^e roads are not frozen,, to 



e 



■J north f jr my summer outjri'g,, -jnd hope ^ ou and your people may »-i. 



spend a ha !i)y and healthy sanrr.er 



Ara in thanking y xi relieve me 



Very Respectf ully i ours 



^ ^ /k^u^^ 



A. # 



PRTill3T0RIC \}St OP TOBACCO IN ARIZONA PUiflBiX)3 



During the summer of 19ii2 Dr. J. \<elter Fewkes discovered 
in a kiYB on Mesa Verde a number of prehistoric pipes of cley 
wtiich circumstance led him to name VrdB particular kiva Pipe 
Shrine. They were found in an ancient fire place, 

• 

^'A/nonp other objects in it were a full dozen decorated tobacco 
pipes made of clay, some blackened bv use, others 
showing no signs th^t they had erer been smoked, oev- 
eral of these ere figured in the accompanying illujr. 
tration. There were fetishes, a small black and white 
decorated bowl, chipped flint stone knives of fine 
technique, and other obieots. For "oj^y^y^S^'^^^^f^ 
been suspected, that the ancient inhabitants of the 
Leso Verde cliff dwellims were J^ojers. but these 
pipes (figs.93. 94) are the first objective evidence 
we have to prove it, and the fact thrt these objects 
were found in the shrine of a sacred room would indi- 
cate thfct they were smoked ceremonially, as is customary 
in raodom pueblo rites. Evidently the priests vihen en- 
paped in a cerenonial smoke sat tbout thiF shrine end 
after smokinp, threw t'.eir pipes as offerings into the 
fireplace. Probably as with the Hopi eveiy greet 
ceremony opened and closed with the formal smoking rite 
at this shrine, and one can in imagination see ttie priests 
as they blew whiffs of smoke to the cardinal points tc 

brinr rain. . , , . 

The discovery of pipes for ceremonial smokinp in a 



cererrjoniaiiy. Moreover me ivrmv ui wit: i«^»*«i.v^x*w 
Di^es {fir.93) thus used differ materially frop those of 
moiem pueblos, in size and shape, although a few formerly 
used by the iiopi have much in common with them. 



rsmithnonian Misu. Colls. Vol.74, Ko. 6. 
pp. 95—97, 1^^3j 







"Km. <1«o>»v 



Y 




Tf4 i«- <#IV 




H 



AIL Thought infpiring Plant Thou BaJnti of Life! 

^ - Well might thy Worth engage a Nations Strife; 

1 hou fvveec Amufement of both Old and Young, 

Say why remain thy h^ajitig Powers uniung? 

Exhauillefs Fountain of B R ff^NNMs Wealth 

Thou Friend to Wifdom, and thou Source of Health; 

At Morn and Night, thy kindly Influ'nce fhed. 

And o'er the Mind delighrlul Quiet fpread. 

Thou mak'll the Paffions due Obedience know, 
And regular the fwift Ideas flow; ^ 

The mighty Raki^e^h' firft thy Virtue taught, 
And prov'd Himfelfthy generous Aid to Thought. 
Calm'd by thy Pow'r ; — His Mind through Ages run, 
And Ihewd how Men and Manners fir A begun; 
Defv'd Afflidion's moft tormenting Weight 
And view'd ferene, th'impending Stioke of Fate; 
With Thee Ihall live for ever Raiei^b's Name. 
Nor Thou the leaft ot his immortal Fame. 



How 



UM-. 



»^4. »*»« .«*« 




S fincccalled Vir'-.iN.A, in Hnr.-, t of h:, Hov.l V.r.n,., ^ 
decca, ""<^'''" OviiH who W rhv-, inJ wt^r v^lo'WuJ 

;S^ (1-. dfV rvraiy cnn- mrd »,i hi the H^.o- r of Kr-.^H - 

t^^S'Z-"., rem..,, ^.,.,enJi Of n...ton An^u^.r:an, 

fTer • P»'« ^'^ 'O^^ ^" '^''^^"^'^^ ^'""'^' r,nu«rr..:s *nd ^'■^■ 

, i he. Clorv m E«.'/^<, ao.l W Tra.k sad N.r.^mn. 

hTm. . V. 7-.« M.r.; ,;-« M..r^.. wVlch he ««d. good . 

Zl l"a Su .: t=na;lv, n-rv ne kno.. h.w a,u.h .^ K.r«.d 

; , ' .<• \ -^.. ^•^^-'''^ Ar-r.far-.on. wht> w.i h;r.f. f c-.v AM . 

n^ tho-\e w.* 'w'd by. tni h. i ,^uVi S: .*>arr A.-a,Q,- 
W.tr.tn bn'«.>CT, :nd >... ?-oa.^;d -n Co„r • J»- J •»• 
fkr t^ich'd m 0«fcie^^, « w •»k hi* Ptrd-n on th?.t Ki»eK. • 



Th? Kir.- of Dwr.m. st «K>'h riti>e; '-"' was in tnfltrtd, tne 
'=-Wv snd thf Tr nc o< »r<i/ri ' h.Mi.t; C ii-ird oi' hi, Jonwency) 
.Mv,.M V-i ^/> Bfi>»lt' , «av, R.ng J-trin rhrrgUt h. u ..^nn.^ttot 
•) lofs h;..I :;'•, bi.. too «rrti: a al.?^.■o:)^f.>^ -o »Mv«»iirFrrrrdoin. 
fsr Vhjd H:'.ijii;r Jm^ Tnt)frvit, h? L'^n C«i7.»>» and oihirrj, 
r.,i.3v.#T'u ro \.x.\t '^x Nci.-.h^ «« :fK- S:tf' 9ril4't, h-toi« that 
Kinc uvj;.' to tUi l-Vo-vn. H'VAever» h j Pi.f.iill/!.eiU was for 
frun-ii >«•«•••% to 1>« o>a(«n'd a l'?i.vovtR of St*t» m th« . 
r<»-i#' a. d tr..Mf v«^in'.'.;'"i •■> v*ir.v l-.het^' ru(h<tia r*hrre »»• 
xva d-!:%.T-d .4' Jhat jjn-»; M nerV.i, Tht U-jhry •', tht Wo»tt», 
Uvir iv«" '■. >-) th.> flit Ai;«» ; a Wort t;u' h ^ t- v^r mr: w.;:h • 
1Vija.i% o' *hu:.» F#/l?», in hi^ Diir''T'a-i<»n on ♦?)- ClaUicki, 
fjVH •' I- ••< i V.'n.is oi' !:• v.l't a Cr.-jcaii, Uich ^T.^Irfi Vari^, 
"" xl.r r.'i 0<»«'.wi Ku: ««■' idvnriaut as h:S rwn, dujil have ua- 
" »{.-. aV^a r v»: I'tr-a ?>m;.^i "• . ,.'"..,,... 

A!.»s • I to«JJ w'rt« ^orftif Honoar of FnpUnl .rSo: hu p*«dl 
ra*> c. r-.'ii o«t of pur An«»!s v but W. r w as ro ih« Adinration ttf 
fnr ».;u Nation'., to f^iHi:'^ nf thro who w-re UvMt of th«» 
CV'T'-r ai»'' tvif a IfU 



P,<Tnr 



■T. i » 

a.:>.M' 



^.^ JiiTH'nti'J bv mtny iincf ; this renovned, 

S«u» E'i;bij. Vrati of Agf,' aft-r ha- mt V»' •»• 
i,« atd'riini (abovf 4^ ©00 Cro« n ) 'Vli « S»ai- 



fc-wfV- fMe-(»I*dJ ■ » rJ)roii|:h che Tnflw«roce ot CMM«M»*r, 
wV-> in »».!' S^-^n w*i'.lit?u:Jn» "iK toiirt .^anS wicS a eioi« 
O.-a'f^'U^'f' anU a f'-piM' R'tVut'-^n, N? tcun.:r:«i rohUFHe 
J, rh. Olifafmr, WisTBiNili* uow h< ^tu flenf«a«d tfac 
sV'h ot<X?»W («6i3') 'n ihi? ".-rcnrr ?Lntrt5Cf. that had lay 
.^-.fma.,- aho^.tSlxf-nVr^rs. n'>:*i»kftardm5 th lawyCTs**!! 
o t.>mi-.i\h,- wv. R/A»» m Cwr/« by the R-.Pa:^ CoromiOM* 
C ;?-.-h1*'> ''i'-x uproot ti ;n aa Ent.fpf;7S »o Cm'tm, I>')i»S i* 
t-.^ ST»h^r. P»rt« ©f Asi.it^ * , ~- and thf l'>rd <^««»1»* 
\*I'JIAM (3 r-Tf**rf< a*-«) had d-r!ar.-d to ^,tn id th^ 
Wo. j s Upon U.V l-ifr, - *ou 'u^* « fctficicn: Pardon for tlith« 
" istaiVJ a.r?*!* the Cog having ond«T h-i P: -^d Sftl, »•*• 
" vtki Admifal of tVr FW-, and £-i.-«n vo.. Pwrr '^\ itte Miftirt 
" UirowttU rh« OJiwer and SoWieri." 



i/tf/W 407 



Original Defective 



138 



MICHEI.SON: A SECOND ARCHEOLOGICAL NOTE ^^l^* 



the 



posed of radials, practically horizontal in position, 
proxitttalQ. 

In Ho/o^wXjie same line of specializatiop^hSs apparently been 
followed further^^th^ column and tl^e-^Basals have disappeared, 
and the attachment is b}htti€^n§>0fthe radials, which in the coma- 
tuUds dominated the b^^ser. jtts4s conceivable that the very 
young Holopus is essentially likea>short-stemmed comatulid 
in which the ra^jii^, growing very rapidiy^-lQrm a cylindrical 
ring with the^asals, spread outward until they all'li^in the same 
plane, closing the proximal end, and that this ring befcoQies at- 
tached by its lower border to the object upon which 
^sts. 



a 



r 



ANTHROPOLOGY. — A second archeological note.^ Truman 
M1CHE1.SON, Bureau of American Ethnology. 

Nearly three years ago I showed in this Journal^ that the 
y^' 'y-- zl provenience of the gray sandstone pipe discussed by Squier 

and Davis in their Ancient monuments of the Mississippi Valley, 
pages 249 and 250, must be the upper Mississippi region near 
the Rock River because the original of the pipe figured there 
is either the same as that of the Sauk pipe shown on plate 2 
at the end of volume 2 of Beltrami's Pilgrimage, or it belongs 
to the same culture. It will be recalled that previously there was 
uncertainty as to the provenience of this pipe. I now find that the 
lowest of the three pipes shown on the plate facing page 279 of 
Em. Domenech's Voyage pittoresque, said to be from Tennessee, 
is also of the same culture; indeed it is almost impossible not to 
believe that the same artist fashioned all three pipes, so great is 
their likeness. 

1 Published with the permission of the Secretary of the Smithsonian Institution. 

2 6: 146. 1916. 



rtovv 



ov/\n. 



rxtoC/ — ^"t e/m& 



V^ 



M Hollowing Pipe-stems. — In order to hollow out a pipe-stem in 
an emergency the Chippewaian Indians of the Northwest Territory and. 
the Athapascan tribes of central Alaska take a stem three quarters of an 
inch in diameter and about six inches long, of willow, birch, or any soft 
wood, and cut a notch in all round as far as the first annual ring of 
growth. By patiently and carefully pulling and twisting, the first year's 
growth is drawn out from the center of the cylinder, making a clear 



hole. 



S. J. Entrikin. 



5^1 



S^'b 



KmAntKTo^oVoc^Ut,VDl.'b(m).Uo.^,dc.|it.\'»6» 



T 



0\^ 



f V 








THE INTERNATIONAL CONGRESS OF 

AMERICANISTS 

Science Service 

Some one else beat Columbus twenty years in the dis- 
covery of the American mainland. Tobacco was not a 
native product of the American Indians, but had come to 
them from Africa. These are only two of the startling 
theories that were advanced and defended at the twenty- 
first worid congress of Americanists, which has just 
been held in Gothenburg, Sweden. An ^'Americanist'' 
is an expert on any phase of the ancient and primitive 
civilization in the western hemisphere. There were one 
hundred and fifty of them assembled from all parts of 
the worid at Gothenburg, and eighty papers in all were 
presented at the sessions. 

Dr. Sophus Larsen, of Copenhagen, was the one who 
offered evidence that a Portuguese admiral, Joao Vaz 
Corte-Real, commanded by his king to discover new lands, 
had in 1474 reached the shores near the mouth of the St. 
Lawrence River. This region was afterwards called 
' ' Stockfishland, ' ' and, according to a history of the 
Azores, Joao Vaz was made viceroy over part of these 
islands in 1474 as a reward for his discovery. Charts 
published as early as 1534, says Dr. Larsen, show the 
names Joao Vaz Bay and Joao Vaz Land in the Labra- 
dor region. 

Another lecturer. Professor Leo Wiener, of Harvard 
University, presented a theory at Gothenburg which con- 
flicts with the history we learned in our school days. He 
declared that tobacco was well known in Europe before 
the discovery of America, and that America herself had 
got it from Africa. His theory is based on language 
researches in which he had been able to trace back the 
use of the word ' ' tobacco, ' ' in various spellings, and in 
many countries, to times long: before the voyages of 
Columbus. 



I 



'?'}? 



1? 



^c;^tv^te-Oct.^ \«\^S. 



* *I do not believe there is any agency 
so destructive to mind, soul and body or 
so subversive of good morals as the cig- 
arette. The fight against the cigarette is 
a fight for civilization/ '—Dr. F. W. Gun- 

saulvs. 

''The yellow finger stains is an emblem 
of deeper degradation and enslavement 
than the ball and chBin.''— Hudson Max- 

im. 

* *No boy living would commence the use 
of cigarettes if he knew what a useless, 
soulless, worthless thing they would 
make of him."— Luther Burbank. 

**I am not much of a mathematician,'* 
said the cigarette, '*but I can add to a 
man's nervous troubles; I can subtract 

I from his physical energy: I can multiply 
his aches and pains; and I can divide his 
mental powers: I can take interest from 

; his work; and discount his chances of 

(success." — Unidentified. 






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